How Do You Prepare For Your FMLA Leave?

BusinessLegal

  • Author John Luke Matthews
  • Published June 29, 2007
  • Word count 425

Most employees are aware of this legal right called Family and Medical Leave Act (FMLA) but fear of taking advantage of it because of the repercussions it can bring for their job. But you really don't have to fear about it at all. Here are some notes and guides which can ease up your application and at the same time uphold your rights when you're filing an FMLA leave:

1.) Make sure that all of your communications concerning FMLA leave are in writing (or confirmed in writing). If there are memos, make sure that it's stamped as "received". All forms of communication about FMLA (either made by mail, fax or e-mail) should be certified, together with verification slips and/or proof of mailing.

2.) Make sure that your letter sufficiently states the nature of your leave (pregnancy, taking care of the sick, rest from a serious condition, etc.). Although employers are not obliged to give a break from work to parents who need to nurse their children because of a particular sickness, they must be yielding to employees who are parenting their children. If there’s a need to give them ample time to attend to such, it would be good for both the employer and the employee that such permission is expressly given. It’s also very important that you mention the duration of your FMLA leave, and it should not last for more than 12 weeks.

3.) Give a particular leeway time to notify your employer that you'll be taking an FMLA leave. But in some unforeseen circumstances, you can also inform your employer that you need to take an FMLA leave as soon as possible.

4.) Employers can request for medical information regarding your child's (or parent's ailment) as a legal right, and may ask the attending doctor to complete a form which states how serious the sickness is, which warrants an FMLA leave on your part. So whenever needed, make sure that you also include all the necessary verification paperwork from your physician to support your request for leave.

5.) Comply with the duration of your leave as you've stated on your written request. However, if you've requested for less than a 12-week leave and you would need more leave time, make a written notice and notify your employer promptly.

6.) Have an open line of communication with your employer, your boss or the HR department during your time of leave, especially when you are about to go back to work. If you are ready to go back, you can also inform your employer thru a written statement.

For more information about Family and Medical Leave Act visit our Los Angeles Lawyers.

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