Family and Medical Leave Act

When a child is catastrophically injured or experiences a medical emergency that requires undivided attention, quite frequently one or both parents must take time off from work. Thanks to the Family and Medical Leave Act, parents can take the time they need without worrying about losing their jobs.

The Family and Medical Leave Act is federally mandated legislation that allows parents to take unpaid leave for up to 12 weeks to care for a child with a “serious” condition. Because “serious” is defined as any physical or mental condition that requires inpatient hospital care or continual treatment, both brain injury and cerebral palsy generally qualify as serious.

Qualifying for the Family and Medical Leave Act

In order to take advantage of the Family and Medical Leave Act, you must qualify. Those who qualify have worked at least 1,250 hours over a 12-month period, for an employer that employs at least 50 people who have worked a 20-hour workweek that year.

The employee is required to request leave at least 30 days in advance, and must take leave all at once, unless the employer agrees to other arrangements. In addition, the employer is entitled to require that employees use vacation time or other paid leave, such as sick leave, as part of the 12 weeks.

Parents are allowed to keep their benefits while they are on leave. The Family and Medical Leave Act stipulates that employees are entitled to return to their previous position, or to a position that is similar in responsibility and pay.

High-Paid Employees

Employees who earn among the top 10 percent in their organization are not guaranteed reinstatement, as this can cause economic hardship for the company. The organization is required by law to notify the employee that reinstatement is being denied, but must provide health insurance for that employee up to 12 weeks.

Certification

Some employers will require certification by your child’s health care provider that states the date, estimated duration of condition, and reasons why the parent must take time off before they grant leave. Employers are entitled to seek a second opinion. If that differs from the first opinion, a third opinion may be sought to break the tie. The employer is responsible for covering the costs of all opinions sought beyond the first opinion.

Non-Complying Employers

If you feel that your employer did not comply with the Family and Medical Leave Act, you may be entitled to certain damages. Because the Family and Medical Leave Act can be complicated, it’s best to seek the help of a qualified attorney if your request for leave has been denied.