THE FAMILY AND MEDICAL LEAVE ACT

	Workers suffering from a serious injury or disability now have an excellent tool to allow them to remain off work for up to three months while caring for their family or themselves. This is the Federal Family and Medical Leave Act. The Act provides for a leave of absence to be taken for the workers own "serious health condition" or that of their child, parent or spouse. It can also be taken in connection with the birth or adoption of a child.
	A number of states have similar laws, some of which provide additional leave benefits. In some states an additional period of pregnancy leave is allowed also. The leave provided by the federal law is unpaid and may be combined with sick leave to either shorten or lengthen the period depending on the company's policy. This allows for longer-term care of the injured or disabled family member. One three month leave period is allowed in each year. To be eligible for this leave an employee must have been employed for at least twelve months by a business regularly employing 50 or more employees.
	The benefits of this law include: The employee cannot be legally terminated while on leave. Upon return from leave the worker must be reinstated to his/her original position or, if that is unavailable, then to a position with equivalent pay and benefits. The employer must maintain the group health plan under the same conditions as if the worker was still at work during the leave period. There shall be no loss of any benefits accrued prior to the leave date. If medical treatment requires intermittent periods of leave, the employer may place the employee in an alternate job with equivalent pay and benefits to help the employee obtain that medical care. The worker has a private right of action if these rights are not provided by the employer.
	There are requirements of 30 day notice to the employer where knowledge of the need for leave is known ahead of time. The employer has the right to medical certification of the serious health condition, and have a second opinion if it desires.
	It is important to have an attorney knowledgeable in the disability field to assist you with these and other technical requirements and interpretations that arise under this law.
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