Sunday, April 26, 2009

FMLA law. What do I write for time off work?

Family and Medical Act (FMLA), I have a prostate cancer surgery and treatment that I will be undergoing pretty soon. My younger brother told me to put down "Family Medical Leave of Absence, due to a prostate cancer and treatment". I work as a Private Security Guard for DWP. What shall I put on my TIME OFF WORK paper?

FMLA law. What do I write for time off work?
You can request leave under FMLA for your own serious health condition (surgery and recovery). If your employer is subject to the FMLA and you have worked the requisite number of hours in the year before your leave request, you will be eligible for up to 12 weeks of FMLA leave. I say "up to" because, contrary to popular belief, an employee is not automatically entitled to 12 weeks. Instead an employee is authorized the amount of time, up to 12 weeks, necessary for the surgery and to recover sufficiently to safely return to work. In other words, 12 weeks per year is the ceiling, not the floor. Your employer may request lawfully documentation susbstantiating your need for the leave.





This leave may be unpaid but you may use accrued sick and annual leave (with permission of your employer) to offset any financial hardship by being on unpaid leave. After you return from FMLA leave, your employer, under most circumstances must give you your job back or one that is substantially equivalent. .





FMLA will not protect you from lay-off, discipline, etc that would have occured if you were not on leave. In other words, FMLA puts you in the same position you would have been if you had not taken leave.





Good luck.
Reply:Go to your HR person and they will guide you through the process. You will need documentation.

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