I Don’t Qualify for FMLA – What Are My Options?
If you are an employee, it is important to know what FMLA is and how it can benefit you. FMLA, or the Family and Medical Leave Act, is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave for certain family and medical reasons without fear of losing their job or health insurance.
It is important for employees to understand their rights and options when it comes to FMLA.
Are you an employee who’s unsure about your rights and options when it comes to FMLA? Check out this YouTube video titled “The Do’s and Dont’s of FMLA” for helpful tips and advice!
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees who work for covered employers to take unpaid, job-protected leave for certain family and medical reasons. The main purpose of FMLA is to help employees balance their work and family responsibilities, while also accommodating the legitimate interests of employers and promoting equal employment opportunity for both men and women.
Who is eligible for FMLA?
To be eligible for FMLA, an employee must have worked for the employer for at least 12 months or 1,250 hours in the previous year. The employer must also have at least 50 employees within a 75-mile radius.
Additionally, the employee must have a qualifying event, such as the birth of a child, a serious health condition, or to care for a family member with a serious health condition.
What does FMLA cover?
FMLA allows eligible employees to take up to 12 weeks of job-protected, unpaid leave per year for qualifying reasons, such as the birth or adoption of a child, the serious health condition of the employee or a family member, or for certain military caregiving or leave purposes. It also allows for up to 26 weeks of leave in a single 12-month period to care for a covered service member with a serious injury or illness.
What if I don’t qualify for FMLA?
If you do not qualify for FMLA, there are other options available for leave. One option is absence without pay, which allows employees to take up to 6 months of leave without pay if their employer approves it.
For non-FMLA leaves, you will need to follow a submission process. This may vary depending on your employer’s policies and procedures, so it is important to discuss this with your HR department or supervisor.
It is essential to be aware of the requirements and deadlines for submitting your request, as well as any documentation or medical certification required to support your leave request.
It is important to note that if you have a medical condition or disability, your leave may still be protected under the Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAAA). Your job and wages are protected under these laws, even if you are not eligible for FMLA.
Other Acts that May Apply
If you don’t qualify for FMLA, there are other federal and state laws that may provide leave protections. The Americans with Disabilities Act (ADA) and workers’ compensation are two other acts that could apply.
The ADA ensures that employees with disabilities are not discriminated against and are provided with reasonable accommodations on the job. This may include a leave of absence as a reasonable accommodation.
Workers’ compensation provides employees with medical and wage replacement benefits when they are injured or become sick as a result of their job. If your illness or injury is work-related, workers’ compensation may provide leave protections.
State leave laws can also provide additional leave protections. Many states have their own FMLA-type laws that provide leave for family and medical reasons, and some states have sick leave or paid family leave programs.
It’s important to check the laws in your state to see what leave protections are available to you.
FMLA FAQ
What is FMLA?
Who is eligible for FMLA?
What happens if I don't qualify for FMLA?
What are the leave entitlements for employees in the Philippines?
Does FMLA require an employer to restore an employee to their original job?
Does FMLA require continuation of group health coverage?
Does FMLA require return to equivalent benefits?
Resources
If you do not qualify for FMLA, there are still options available to you. One option is to check with your employer to see if you have any other forms of leave available, such as personal or sick leave.
You can also consider talking to an employment lawyer to see if there are any legal grounds for taking leave. Additionally, the Department of Labor’s Wage and Hour Division provides resources on leave laws and regulations, which can be found on their website.
Conclusion
Employees who do not qualify for FMLA may still be protected under the ADA and ADAAA. It is important for employers to still protect jobs and wages for non-FMLA medical leave.
In the Philippines, employees are entitled to different leaves such as service incentive leave, maternity leave, paternity leave, and parental leave. Casual leave is also available for employees to take time off for personal reasons.
FMLA requires restoration of the employee’s original job or an equivalent alternative, continuation of group health coverage, and return to equivalent benefits.
