Dealing with personal health problems can be difficult. But while employers generally offer their workers sick leave if they fall ill, the courtesy isn’t often extended when it’s a family member that gets sick. What’s one to do if it’s a close loved one that needs care and medical attention?
The need to address this valid concern is why the Family and Medical Leave Act (FMLA) was passed in 1993. It aims to help employees balance family demands with their work responsibilities. Like employers across the country, Florida employers must comply with FMLA.
FMLA in a Nutshell
FMLA allows employees who are eligible to take unpaid leave and be reinstated in their jobs after that leave. If you qualify for FMLA, you may take 12 consecutive weeks off or intermittently take time off from work.
FMLA for Government Employees
For workers who worked for a government agency for a minimum of 12 months and a minimum of 1250 hours in the 12 months, taking an FMLA leave is allowable if:
- An employee suffers from a health condition that makes him/her incapable of performing their duties
- An employee recently birthed a baby, adopted a child, or is providing foster care
- An employee has developed a grave health condition
- An employee whose children, parents, or spouse are in a grave state of health
- The employee qualifies for injured service member leave and active duty family leave
FMLA for Employees in Private Companies
Workers in private companies are covered by FMLA as well, provided their employer has a minimum of 50 employees working for him for a minimum of 20 weeks during the current or preceding year. Employees must have worked for at least 1240 hours during the 12 months prior to starting FMLA leave. They must also work at a location where at least 50 employees work within 75 miles, and they must have worked for the employer for at least a year, but the year doesn’t need to be consecutive.
Medical Certification
If a worker took FMLA leave because of a personal or a family member’s serious illness or medical condition, their employer can legally request medical certification. The employer can also oblige the worker to get a second medical opinion or even a third, to be paid for by the employer.
For serious health conditions, such as a heart problem or cancer of an employee or family member, the employer may require medical recertification from time to time.
Working after FMLA Leave
A lot of workers are afraid of taking FMLA leave despite the fact that they are entitled legally. One of their fears is being pushed out of their former position while they are out. FMLA states that employees must be reinstated to their original position or placed in a job with the same pay, status, benefits, and other conditions of employment. The employee is also entitled to continuous health insurance.
Maternity Leave for Employees in Florida
Numerous states have passed laws that allow pregnant women and new parents to take a leave. Florida is not included, but still, new parents and expectant parents in Florida may take FMLA leave should they meet the qualifications above.
FMLA leave is unpaid for new parent leave, maternity leave, and many other leave types. The employee can still choose to use a percentage of their accrued paid leave to continue receiving a paycheck for a part of their 12-week FMLA leave, however.
Violence Leave for Employees in Florida
Employees in Florida may have a time off when dealing with domestic violence or sexual violence. They can take up to three days off in 12 months.
An employer with at least 50 employees is required to allow employees dealing with domestic or sexual violence or those who need to assist a family member dealing with such to take the time off. The employees who deal with such violence may need to talk to an attorney, move to a safer place, get help from a rape crisis center or women’s shelter, file for an injunction against the violator, or obtain medical care or counseling.
FMLA Leave is Unpaid in Many Cases
In almost all cases, FMLA leave is unpaid. Employers can also require employees to use accrued sick or vacation leave while taking an FMLA leave. This means the FMLA allows employers to require employees to exhaust their paid leave credits when taking FMLA.
Conditions Entitling Florida Employees to as Much as 6 Months of Family or Parental Leave
- Pregnancy
- Pregnancy of a spouse
- Child adoption
- Grave family illness such as an organ transplant, accident, disease with a looming risk of death, physical or mental conditions requiring in-home care, limb amputation, and other similar high-risk medical procedures
It is important to follow the FMLA guidelines set by the U.S. Department of Labor. This article should help you understand your rights when you need to take a leave.
