Getting the most from guaranteed time off

October 8, 2002
By:  Jennie L. Phipps

Taking a 12-week leave from work to care for a sick family member or attend to your own serious health concerns is a right guaranteed to most U.S. workers under the Family Medical Leave Act. The federal law requires your employer to maintain any company benefits during your absence, including insurance, and allows you to return to the same or comparable position.

But it's not a law without flaws. The biggest drawback: The leave is unpaid.

Paul Lopez, head of the employment law department at the Fort Lauderdale, Fla., law firm of Tripp Scott, says the ailment must be serious and the demand for care long-term. The courts haven't been supportive of leave requests for short-term illnesses like the flu.

The company can insist that FMLA leave and any other time off available to you -- sick leave, vacation, short- or long-term disability leave, sabbaticals -- run concurrently. So don't expect to take 12 weeks federal leave and then tack on vacation to lengthen your time away.

Attorney Lopez says the courts in several instances have declared retroactive leave determination to be unlawful. He suggests employees let the company make the first move. If the employer doesn't spell out the rules up front, you're entitled to do what you want.