FMLA -The Family and Medical Leave Act

Welcome back! This blog provides financial resources and information for people living with cancer. In this post, I want to focus on The Family and Medical Leave Act (FMLA) for people living with cancer.

What is FMLA?

The Family and Medical Leave ACT (FMLA) is a federal law that requires employers (with over 50 employees) to offer eligible employees up to 12 weeks of unpaid leave per year. Your health insurance benefits remain uninterrupted for this period. The 12-week period does not need to be taken all at one time. It can be used intermittently for doctor’s visits and treatment days. If you are considering using FMLA time, talk with your manager and human resources department. They are not allowed to guide your decisions; however, they can provide information and help you through the application process. For information online go to: Family and Medical Leave Act | U.S. Department of Labor (dol.gov)

Are people living with cancer eligible for FMLA?

Two things are needed for people living with cancer to qualify for FMLA:

1. If you have worked at least 1,250 hours during the 12 months prior to the start date of your FMLA request (paid and unpaid leave time, such as vacation and sick time, does not count).
2. You are unable to perform your work responsibilities due to your medical condition or you are a caregiver for an immediate family member with a serious medical condition. You will be required to provide paperwork signed by your health care team to qualify.

How long will my job be protected?

Your employment, salary, and benefits are protected under FMLA. Your current position is not. If you choose to take an intermittent leave during cancer treatment, you will be asked to make a reasonable effort to schedule treatments to avoid disruption in workflow. If this is not possible, you may be temporarily transferred to an alternative job with equivalent pay.

Will I receive my full salary?

If you use only FMLA, you will not receive your salary. FMLA is different than a short term disability benefit where part or all of your salary is provided (see Short Term Disability Leave- The Basics | Living with cancer take my hand). It is possible to use FMLA & Short-Term Disability Benefits at the same time to prevent a gap in your income.

Will I need FMLA with my cancer treatment? 

The answer is complicated. First, look at how much paid time off or sick days that you have available to you. Is it enough time to cover your cancer treatment & recovery time? Overestimate the time that you will need off if you are just starting your treatment.

Second, your employer may not be able to accommodate your extended absence unless you provide sufficient advance notice. Relying on approved paid time off for your entire treatment & recovery can be challenging. Using FMLA will ensure that you have the time off for your treatment as well as protect your employment.

Do I have to tell my employer that I have cancer?

No, but it may be helpful to do so in order to secure the time off that you will need for your treatment & recovery. Your cancer treatment team is not allowed to discuss your medical diagnosis with your employer. However, it has been my experience that employers are much more flexible with work schedules when employees are open about their treatment plans. Often managers and co-workers become an important support team during your cancer journey.

For more information:

FMLA Frequently Asked Questions | U.S. Department of Labor (dol.gov)

What’s the Difference? Paid Sick Leave, FMLA, and Paid Family and Medical Leave (dol.gov)

I hope this information is helpful.  If you would like to continue this conversation, please click on the Subscribe button at the top of the Blog page. I would love to hear your comments as well as resources that have worked for you. Please share this information with your family and friends.

Keeping you in my prayers,

Jackie

For introductory information and to understand the mission of this blog, please see the Introduction