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168 MG Who's Eligible for Family and Medical Leave from Work?

When you need to leave work to care for a new child, a sick family member, or for yourself, certain employees are covered under the Family and Medical Leave Act (FMLA). Find out if you're eligible and what rights you have for taking leave in the workplace.

Broadcast on:
07 Apr 2010
Audio Format:
other

When you need to leave work to care for a new child, a sick family member, or for yourself, certain employees are covered under the Family and Medical Leave Act (FMLA). Find out if you're eligible and what rights you have for taking leave in the workplace.

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Celebrated on devoting each post this month to a question from a blog reader or podcast listener. Maybe it's something embarrassing that you've been too shy to ask, or perhaps it's an unusual question that you desperately need answered. In this podcast, I'll answer a voicemail from a listener named Alejandro in Los Angeles. What is the law regarding maternity and paternity leave? My wife works for a charter school. It's a small charter school and so she's a teacher and so she has a vacation time. She also has sick time and we want to combine that with whatever maternity leave that we get from the state. Thank you very much. I think you are the best thing since life's bread. I actually think you're better than slice bread. I have your MoneyGirl's Guide to Retirement Planning and I hear that you're coming out with a new book in September. And believe me, I am going to be the first in line to get that. So keep up the great work. I love your work and have a wonderful day. Thank you very much. Alejandro, thanks for your kind words. What he's talking about is a benefit provided by the Family and Medical Leave Act, or FMLA. Even though I'm not legal lad, many times knowing your rights at work goes hand in hand with good financial management. That's because having benefits that you don't know about can hurt you financially. Before we get started, the final winner in the MoneyGirl Sweepstakes was Daniel and Es, who won a $25 American Express gift card. We'll have more contest in the future, so be sure to stay connected on Facebook and Twitter. The Family and Medical Leave Act is a U.S. federal law that went into effect in 1993. It allows eligible employees to leave work for up to 12 weeks during a 12-month period for the following situations. To care for your new baby or adopted child. To care for a foster child. To care for an immediate family member with a serious health condition. Or to have medical treatment and time to recover if you have a serious health condition. The FMLA also allows for the leave needed when a family member is called to active military duty. Additionally, it also provides up to 26 weeks of leave during a 12-month period to care for someone in the armed forces who has a serious illness or injury. Time off from work under the Family and Medical Leave Act is unpaid, but in some circumstances, such as when you need ongoing medical treatments, you may be able to take leave intermittently, allowing you to work part-time. If you've accrued paid vacation or sick time, you can generally substitute paid days for some or all of your unpaid FMLA leave when you comply with your employer's normal leave policy. To be eligible to take advantage of the Family and Medical Leave Act, there are three requirements. Number one, you must work for an organization that employs at least 50 workers within 75 miles of your work location. Those 50 employees must be on the payroll during 20 or more work weeks in the current or preceding calendar year. That includes public agencies, schools, and private sector employers. Alejandro said that the school where his wife works is small. If it doesn't employ at least 50 people, it's not required to follow FMLA rules. However, she may still be able to work out a suitable arrangement to take additional unpaid leave even if it isn't a federal right. Number two, you must have worked for a covered employer for a minimum of 12 months, and they don't have to be consecutive months. H5N1 bird flu is spreading in poultry and cows. It's rare in people, but bird flu can make you sick. If you work with poultry, dairy cows, wild animals, or withdraw unpasteurized milk, wear protective gear like coveralls, NIOSH approved respirators and eye protection, and wash your hands often. If you start feeling sick, seek medical care and tell them you work with animals. 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LinkedIn, the place to be, to be. 3. You must have worked a minimum of 1,250 hours during the 12 months that precede the start of your leave. Employers also have rights under the FMLA. You have to give a 30-day advance notice before taking leave for a foreseeable event, such as the birth or adoption of a child. If you're taking leave to care for a family member with an illness or to recover from your own illness, you're not required to give an employer your medical records. But they may lawfully require you to provide a certification from a healthcare provider that substantiates your illness or the illness of the family member. An employer can even require a second or third medical opinion and the periodic recertification of a serious health condition at their expense. Additionally, if an employer thinks that your return to work after your leave for an illness has ended, may be unsafe, they can require you to submit a medical certification to prove that you're healthy enough to resume work. When you take an FMLA leave, there are certain rights you'll be guaranteed. One is that if you continue to pay for your workplace benefits, such as health or life insurance, they can't be canceled while you're away. And when you return to work, you have the right to the same job or one with equivalent pay and benefits as the one you had before you took leave. It's against the law for any employer to fire you or to discriminate against you for taking FMLA leave. However, there is an exception for key salaried employees and circumstances in which restoring someone's job after a leave would cause a serious economic hardship for a company. In those situations, an employer must notify you in writing that you're considered a key employee as defined by the FMLA and explain why they won't allow you to return to work if you take leave. If you believe your rights regarding the Family and Medical Leave Act have been denied, you can file a complaint within two years of the violation with the U.S. Department of Labor's Wage and Hour Division. Find out more about FMLA compliance by calling 1-866-4 U.S. Wage or by visiting wagehour.dol.gov. Do you prefer to read a book rather than to listen to it? If so, you're in luck. Money Girls 10 Steps to a debt-free life is now available as a short e-book that you can purchase in the Amazon Kindle store, the Sony Reader Store, the Fiction e-book store and more. Learn how easy it is to get out of debt and stay out of debt for good for less than $4. They control of your finances and create a more secure future. You'll find links to my e-books and more resources on today's topic on the blog at moneygirl.quickanddirtytips.com I'm glad you're listening. Cha-ching. That's all for now. Courtesy of Money Girl. Your guide to a richer line. Some things are obvious. Water is wet. All roads lead to somewhere and paying half price for pizza is better than paying full price. This week at Domino's is Half All Pizza Week. Get 50% off all menu price Domino's pizzas. Once for dinner, the choice is obvious. Get Half All Pizza Domino's during Half All Pizza Week now until October 6th. Select this offer online only at participating locations. Prices, participation, delivery area and charges may vary. Offer applies to pizza portion of your order only. H5N1 Bird Flu is spreading in poultry and cows. It's rare in people, but bird flu can make you sick. If you work with poultry, dairy cows, wild animals or withdraw unpasteurized milk, wear protected gear like coveralls, NIOSH approved respirators and eye protection, and wash your hands often. If you start feeling sick, seek medical care and tell them you work with animals. Learn how to reduce your risk at cdc.gov/birdflu, a message from CDC. [BLANK_AUDIO]