Intention and Qualifying Events

• The intention of the Family and Medical Leave Act is to protect the jobs of employees while they take time off to handle foreseen and unforeseen qualifying events. Some examples of qualifying events include the birth of a child, caring for an elderly parent and dealing with personal health issues. The law also protects those who need an extended absence from work to care for an injured or ill member of the armed forces. Other qualifying events include time away when adopting a child and the care of a spouse or child with a serious disease or condition.
  
  

Coverage

• Before requesting FMLA leave, one must check qualifications for eligibility. Those working for an employer, private or public, for a minimum of 1,250 hours over the course of a 12 month period, receive protection under the FMLA. Private employers with less than 50 employees do not have to provide the rights established under the FMLA to employees. Covered employees can take up to 12 weeks of unpaid leave, during the course of a 12 month period, for a qualifying event.
  
  

Notification Basics

• The requirements for notification rest on whether a qualifying event is foreseeable. In the event an employee has advance notice of the possible need for time off under FMLA, the law requires a 30 day notice. For unforeseeable events, such as a serious car accident, employers should receive a request for leave as soon as reasonably possible. Employees must inform their employer of the need for leave, but do not have to specifically request FMLA covered leave unless they have previously received leave for a qualifying event. Employers will decide if FMLA will cover the leave, according to the law set forth, and should provide employees with all the details regarding their rights and the approval of leave related to a qualifying event.
  
  

Helpful Tips

• Employers can ask employees to provide documented proof of their need for leave. This can include requests related to receipt of a physician note or statement documenting the qualifying event. In addition, employers can request updates from an employee while they are on leave. Provide any requested documentation to the appropriate employer representative, typically a human resource representative. When a medical condition or serious illness of the employee is the qualifying event, employers can request a medical document clearing them to return to work before bringing an employee back from leave.