I'm an employment attorney in California. I have a lot of questions about Family Medical Leave Act (FMLA) leave. I posted a summary of the FMLA here: https://www.teamblind.com/us/s/R0HFVAqb I have had some followup questions. One of those questions is: when should I take FMLA leave? A lot of times this question happens after a person is put on a PIP (performance improvement plan). I thought it would be helpful to discuss when you should consider taking FMLA leave. The FMLA allows employees to take time off for medical or family-related reasons without risking their job security. It allows up to 12 weeks of job-protected leave, meaning that your employer has to allow you to return to your job at the end of the leave (with some exceptions). While the law is a bit more complicated, basically you are entitled to leave for three reasons: 1. To care for yourself: Employees may take FMLA leave for their own serious health condition that makes them unable to perform their job duties. 2. To care for your family: FMLA allows employees to take leave to care for a spouse, child, or parent with a serious health condition. 3) Because of pregnancy: Mothers are eligible for FMLA leave for prenatal care, childbirth, and bonding with a newborn child. If you are pregnant, then the timing will typically be determined by your healthcare provider, often starting around a month before the expected due date. In the other two cases, it is up to you and your healthcare provider to determine when you should be on leave. If you think you should be considering taking leave, here are a few things to consider when it comes to timing: Act as soon as possible: Don't hesitate to request FMLA leave when you recognize the need for it. Whether it's due to a medical condition, the arrival of a new baby, or caring for a family member, taking action sooner ensures that you can address your needs without compromising your well-being. Remember that you are entitled to leave under the FMLA, and you shouldn't feel bad taking care of yourself or a family member. Communicate with your employer: Open communication with your employer is essential when requesting FMLA leave. If you believe that you may need leave, let your employer know as soon as possible. Let your employer know the general reason for the leave (health issue, pregnancy, taking care of family) but you don't need to give any details. If your employer needs more detail they can ask for documentation from you (e.g. medical certificates or birth certificates) to support your request. Avoid waiting until there are performance issues: Waiting until your performance at work is compromised before taking FMLA leave is a bad idea. Trying to balance work responsibilities with pressing personal or medical needs can lead to burnout, decreased productivity, and potentially jeopardize your job security. If you are asking for FMLA leave after you have been put on a PIP, you are probably in a bad situation workwise and your employer may very well terminate you when you return from your leave (you should speak with an attorney if this happens to you). You definitely want to be ahead of the curve when asking for leave, not behind. Almost all of us will have a need for FMLA leave at some point. Knowing when to take FMLA leave is a personal decision that should be based on individual circumstances and needs. However, by acting promptly, prioritizing your health, and taking leave before performance issues arise, you can avoid a lot of complications that often arise when you take leave too late. I hope this helps some of you, and I hope that those of you who are waiting until you are on a PIP to take leave consider taking it sooner. #hrissues #FMLA #PIP
If you need consecutive STD leaves they are considered independent claims as long as they don’t have the same group or area of health conditions (for example anxiety and depression are related but brain surgery and anxiety aren’t) A successive claim following your previous claim is considered a new claim only if it’s more than 60 consecutive days after end of your last one for the same cause. But it’s company policy dependent and not a general role. FMLA usually renews in a rolling window, 52 weeks after the start of your previous FMLA leave.
Here you are conflating STD (insurance) with the FMLA (entitlement to leave). They are two separate issues, but I understand the confusion.
I know they are different. Wanted to inform folks on STD as well or medical leave under ADA
What if I applied for FMLA during PIP process and employee fires before start of FMLA? Can you add that scenario in the thread
As I indicated in the post, that is a complicated situation. I may prepare a post to address the issue in a general way. If this is your situation you should have a discussion with an attorney in your local area.
Great Information, thank you for taking the time to write this post.
What’s the best way to get STD extended?
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If you extend your leave beyond 12 weeks up to the short term disability period, employer is still obligated to take you back in a similar position as you were before. They cannot terminate you for taking STD.
Neither of these statements is necessary true. An employer can terminate you after 12 weeks in some cases, and you can be terminated while on disability depending on the circumstances.
They have to prove undue hardship as a result of you taking leave, which is very hard for certain companies