TELL US YOUR STORY: Share it with us.



Need help?

Call toll free:
(866) 587-2299

Email:
help@
walmartworkers
ofamerica.com

Know Your Rights: Family and Medical Leave

Are you afraid of losing your job because you need to take time off of work to care for a sick family member? Do you have a new child in your family that you requires you to be home? Learn your rights!

The Family and Medical Leave Act (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid leave for certain reasons. The Act is intended to promote the stability and economic security of families as well as the nation's interest in preserving the integrity of families.

The FMLA allows eligible employees to take up to 12 weeks of job-protected leave in any 12-month period for qualifying events without interference or restraint from their employers.

The FMLA provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period for the following reasons:

  • Birth and care of the employee's child, or placement for adoption or foster care of a child with the employee;
  • Care of an immediate family member (spouse, child, parent) who has a serious health condition; or
  • Care of the employee's own serious health condition.

If an employee was receiving group health benefits when leave began, an employer must maintain them at the same level and in the same manner during periods of FMLA leave as if the employee had continued to work. Usually, an employee may elect (or the employer may require) the use of any accrued paid leave (vacation, sick, personal, etc.) for periods of unpaid FMLA leave.

Employees may take FMLA leave in blocks of time less than the full 12 weeks on an intermittent or reduced leave basis when medically necessary. Taking intermittent leave for the placement, adoption, or foster care of a child is subject to the employer's approval. Intermittent leave taken for the birth and care of a child is also subject to the employer's approval except for pregnancy-related leave that would be leave for a serious health condition.

When the need for leave is foreseeable, an employee must give the employer at least 30 days notice, or as much notice as is practicable. When the leave is not foreseeable, the employee must provide such notice as soon as possible.

An employer may require medical certification of a serious health condition from the employee's health care provider. An employer may also require periodic reports during the period of leave of the employee's status and intent to return to work, as well as "fitness for duty" certification upon return to work in appropriate situations.

About | Contact Us | Privacy Policy

© 2005 Wal-Mart Workers of America.
This site is in no way connected with Wal-Mart Stores, Inc. or any affiliate of Wal-Mart Stores, Inc.