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.

Understanding the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees when they need time off for serious health conditions or to care for family members with serious medical conditions. It applies to businesses with 50 or more employees. If you’re eligible, you can take up to 12 weeks of unpaid leave every year without the fear of losing a job. During this time, your health insurance coverage will continue, just as if you were working.

How FMLA Works

To use FMLA, certain conditions must be met. First, you need to have worked for the company for at least 12 months and have logged at least 1,250 hours during that time. That’s roughly 24 hours per week for a year. This includes both paid and unpaid time but does not count sick or vacation leave.

FMLA leave doesn’t have to be taken all at once. For example, if you need to go to doctor’s appointments or need time for medical treatments, you can take leave in smaller blocks. The law allows for flexible scheduling to accommodate treatment schedules.

If you’re thinking about taking FMLA leave, it’s a good idea to talk to your manager and the human resources (HR) department. They are there to help you navigate the process and answer any questions, although they cannot make decisions for you. For more information, you can visit the U.S. Department of Labor’s FMLA page.

Are People Living with Cancer Eligible for FMLA?

People living with cancer may qualify for FMLA. There are two key requirements:

1. You must have worked at least 1,250 hours during the 12 months before requesting FMLA leave.
2. You must either be unable to perform your job duties due to your cancer treatment or be caring for a family member with a serious health condition.

You will also need to provide a signed note from your doctor or healthcare team to confirm your medical condition. If you meet these criteria, you will be eligible for FMLA leave.

How Long Will My Job Be Protected?

Your job is protected during FMLA leave, but it’s important to know that your position, specifically, is not guaranteed. If you need to take leave for cancer treatment, your employer might ask you to schedule appointments in advance to help avoid any disruption in the workflow. However, if your treatment schedule is unpredictable, your employer might temporarily transfer you to a similar job with the same pay and benefits.

This flexibility helps ensure that you won’t have to choose between your job and taking care of your health.

Will I Receive My Full Salary During FMLA?

FMLA is unpaid leave, meaning you will not receive your salary during this time. This differs from short-term disability benefits, where part of your salary may still be paid while you are unable to work. If you need to cover the gap in income, you can combine FMLA leave with paid sick days, vacation days or short-term disability benefits, provided your employer offers them.

This option allows you to continue receiving income while also taking time off for your cancer treatment. It’s a good idea to talk to your HR department about combining these benefits to ensure financial stability during your time off.

Do I Need FMLA for My Cancer Treatment?

Whether or not you need FMLA leave for cancer treatment depends on your personal situation. First, take a look at your available paid time off (PTO) or sick days. Do you have enough time to cover your treatment and recovery period? Be sure to plan for more time off than you think you’ll need, as cancer treatments can sometimes cause unexpected delays or side effects.

If you find that your PTO won’t be enough, FMLA can offer you the extra time you need to recover while also protecting your job. However, keep in mind that your employer may not be able to approve extended leave without sufficient notice. FMLA is designed to help ensure you have the time you need, but it’s important to talk to your employer early to plan for your treatment.

Do I Have to Tell My Employer I Have Cancer?

You are not required to disclose your cancer diagnosis to your employer. However, it may be helpful to do so, especially if you need time off for treatment. By sharing your diagnosis, you may find that your employer is more understanding and willing to work with you to adjust your schedule.

It’s important to remember that your healthcare provider is not allowed to share details about your medical condition with your employer. This means you can keep your diagnosis confidential, while still securing the time off you need for your treatment. Being open about your treatment plans can often lead to more flexibility from your employer and coworkers, who may become a valuable support system during this challenging time.

Conclusion

The Family and Medical Leave Act (FMLA) provides important protections for employees who need time off due to their own health conditions, such as cancer, or to care for a family member. It ensures that your job and health insurance benefits remain secure while you focus on recovery. If you think you might need FMLA leave, it’s best to talk to your HR department and manager as soon as possible. They can guide you through the process, making it easier for you to take the necessary time off to take care of your health.

For further details, visit the Family and Medical Leave Act page on the U.S. Department of Labor website.

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

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