FAMILY MEDICAL LEAVE ACT

WHAT IS FMLA?

Protected leave for qualified employees, the ACT provides for 12 weeks of leave per year without penalty. (discipline)

WHO QUALIFIES?

You must work for your employer for at least one year. (not necessarily consecutively) Flight attendants who have worked 840 credit hours or 1250 trip hours (trip hour time including training) during the past 12 months.

HOW DO I QUALIFY FOR FMLA?

A Serious health condition that makes you unable to perform your job might enable you to qualify for FMLA. Here are some examples:

Injuries and illnesses that incapacitate you or a family member for more than 3 days. Example: If you are off Monday, Tuesday, Wednesday and Friday you meet the test.
Chronic Health conditions
Pregnancy or morning sickness
Caring for a seriously ill child, spouse or parent
Childbirth or caring for a newborn child up to age one
Placement of a child with you for adoption or foster care

HOW DOES IT WORK?

If you know more than 30 days in advance that you need a leave (possible surgery) you need to notify employer. If you do not know in advance, notify employer as soon as possible. Keep in mind when you return from an absence and give notice of your illness the company is obligated to let you know if you qualify or if you don’t. If the company does not notify you within 2 to 3 days that you are eligible or not, the leave is deemed to be eligible. The law stipulates that you must give the employer enough information about your illness so the employer knows it was serious. (Back condition, asthma) Put this information on the form the supervisor places in your file.

IMPORTANT POINTS ABOUT FMLA:

If it is your own illness and you have time in your sick bank you will be paid.
If you are a resident of Wisconsin, two weeks of the 12-week leave is paid for yourself, child, parent or spouse.
FMLA cannot be used against you (discipline).
The illness or injury must include continuing medical treatment

WHAT ABOUT MINOR ILLNESSES LASTING MORE THAN THREE DAYS?

Minor illness does not qualify for FMLA even if you incapacitated for more than 3 days. If, however, complications occur that necessitate continuing medical treatment, a minor illness, may become a serious illness under the FMLA guidelines. Example: You call in with a cold on Monday, Tuesday and Wednesday and then on the following Monday you come down with Bronchitis or Pneumonia, then all of this time would qualify.

Minor Illness that are not covered:

Colds or flu

Routine dental or orthodontic problems

Headaches (migraines qualify as serious)

Upset stomach

* Keep in mind; some of these may qualify as serious if being treated by a doctor and on medication.

Chronic,” serious” conditions that do qualify:

Carpel Tunnel Syndrome

Severe arthritis

Asthma

Back conditions

Cancer

Colitis

Serious depression or stress disorders

Diabetes

Epilepsy

Heart conditions

Kidney stones

IF I WANT A LEAVE TO CARE FOR A SICK CHILD, SPOUSE OR PARENT, DOES HIS/HER ILLNESS HAVE TO QUALIFY AS SERIOUS?

Yes. Serious health conditions for family members are defined the same as for employees. Example: You may care for a child with pneumonia or an asthma that flares up and must stay home from school.

What do I do if my child becomes ill while I am at work?

Call scheduling and tell them you need to be taken off your trip for personal reasons. As soon as possible make a call to your supervisor explaining that you had to care for your sick child and are requesting FMLA.

What do I do if I need to be off for one day?

Absences are protected even if they are as short as one day or a part of a day. For instance, if you have a chronic back condition, you might need to use one FMLA day in January, six days in March, three days in April, two weeks in July, a half day in August and three days in December.

What happens if I am pregnant and I have morning sickness?

Pregnancy is a serious health condition. Medical leave may be taken for any period of incapacity, including appointments for pre-natal care. If you are late to work because of morning sickness or must leave early because of nausea or dizziness, you are protected against discipline. You do not have to see a doctor during absence.

If I am off on FMLA can a supervisor contact my health care provider?

No. With your permission, your employer can assign a physician to contact your doctor to clarify information. No one directly in the company may contact your doctor.

After I submitted a medical certification for time off because of injury or illness, my employer scheduled me to see a doctor for a second opinion. If this doctor says I can work, can my FMLA leave be cancelled?

No. An FMLA leave cannot be canceled solely on the basis of a second opinion. A third health care provider must be retained to “break” the tie.

FMLA REQUEST PAPERWORK