How does FMLA or other protected leaves actually work?
some background
You may have the right to take a leave of absence from work - even if your employer is not supportive. Before diving too deeply, know that your rights depend on which state you work in, and in some rare cases, the county you work in. I write “work in” because your worksite may differ from where you live.
What is FMLA? Nationally, there is a law called the Family and Medical Leave Act, often called “FMLA” for short. At a high level, this law protects the right for workers to return to the same or equal job after taking a leave of absence for qualified family or medical reasons for up to 12 weeks. There are rules about who qualifies for this job protection, and which specific leave reasons are covered. You can take this quiz to see if FMLA protects your rights.
What other types of protected leave are there? Some states such as California, Washington, Oregon, New York, New Jersey, Rhode Island, Connecticut, Colorado, Massachusetts, and Washington, D.C. have additional laws that provide more rights to take a leave of absence, to more people. If you are not covered by FMLA, but live in one of these states or territories, you may have additional rights. Find out your rights by taking our leave rights quiz here. In these states, you could also qualify for paid leave.
How does FMLA or other protected leaves actually work?
FMLA and the right to take time off - The first step is to talk to your employer. Typically your manager or HR representative will have you fill out a form that documents that you have asked for a leave of absence, and the details of the request. Your employer will determine if you are eligible, and should document their response. If you believe that you were incorrectly denied your leave of absence, file a complaint with the Federal Department of Labor. If you live in California, Connecticut, Colorado, Massachusetts, New York, New Jersey, Rhode Island, Washington, Oregon, or Washington, D.C., file a complaint with your state department of labor.
FMLA only protects your right to take time off.
In order to get paid for your time off, jump to What should I ask for or expect from my employer?