As an employee, are you aware of FMLA and its rules? If not, this article is surely something that you shouldn’t miss.

Not many of the employees are aware of their right to avail FMLA and thus are not able to avail its advantages. If you are also unaware of FMLA, here is some useful information that you need to know. If you follow these rules closely, you can avoid falling under the ambit of FMLA Abuse.

What is FMLA?

The Family and Medical Leave Act or FMLA is an unpaid leave or unpaid condition of absence from work for up to 12 weeks. This absence from work can be availed by qualified workers, under a 1993 federal law passed by Congress. This means that the employee can take off from work in case of emergency medical issues or family obligations.

Conditions for Qualifying for FMLA:

As an employee, you must qualify for some conditions to avail the facilities and benefits of FMLA. Some of the necessary conditions are as follows:

• The employee must be employed with an employer that offers FMLA coverage
• The employee should have worked under the same employer for at least 12 months to take the benefit of FMLA.
• Any private company that has more than 50 employees working for at least 20 weeks for the present or the previous year is subjected to follow all the mentioned guidelines and rules of FMLA.

What are the Necessary Rules for FMLA?

FMLA has certain rules that every employee must keep in mind before availing its benefits. These rules have been defined for the welfare of both the employee and the employers. Here are some of the necessary rules for FMLA:

1. The Offered Leave Time Under FMLA is Unpaid
   Though you are taking care of your sick family member, your FMLA leave will be unpaid.
2. You Can Use Paid Leaves Under FMLA
   Yes, it is possible to use your paid leave under FMLA but only in some special circumstances. There are no legal requirements to avail the paid leave under FMLA.
3. You Can Take FMLA Only Under Serious Health Issues
   Not every health condition lets you to be qualified to avail the FMLA benefits. You can take these leaves only under special circumstances. Some of the circumstances are as follow:
   • The serious health condition of self or of any family member
   • To take care of a covered member on service
   • for newborn birth and caring
4. Not All Employees are Covered
   Despite regular dedicated work, not all the employees are covered by FMLA. You must be sure about your eligibility for getting the FMLA benefits.
5. Providing Proof of Medical Conditions
   For security and safety reasons, you can be asked to submit relevant proof of your illness or reason of FMLA. Employers have the right to ask for proof before granting FMLA. For that, there are certain FMLA forms that need to be properly filled out.
6. Your Job May Not be Same as Before
   Your employer has to give you a job, but it may or may not be the same as it was before. That may vary according to the current requirements of the company.

Above information will surely help you become more aware of your rights and duties under FMLA.