When to use unpaid family and medical leave?

Under the FMLA, employees can use unpaid leave for: A personal serious health condition that makes the employee unable to perform their job A situation that requires attention because of the military deployment of a spouse, child, or parent If your business is exempt from the FMLA, you can still choose to offer unpaid family and medical leave.

Is it legal for an employee to go on medical leave?

Federal, state, and local laws provide assorted job protections for employees needing leave for a variety of issues. Employees with health problems present many challenges for employers, given the extensive regulation and general sensitivities surrounding medical issues.

When to take medical leave due to cancer?

Cancer and the FMLA: Family Medical Leave Act. The Family and Medical Leave Act of 1993 (FMLA) requires certain employers to grant family and medical leave when needed — such as after the birth or adoption of a child or when an employee or a close family member has a serious medical problem.

Do you have to go back to work after medical leave?

There are steps you should take during your medical leave to make the transition back to work smooth. Your medical leave may fall under the Family and Medical Leave Act (FMLA). However, don’t assume that because you have a job, you have FMLA. Your employer is not required to offer FMLA to staff unless they employ 50 or more employees.

When do you need to take medical leave from your job?

If you or your family is faced with a medical condition or issue that requires you to take leave from your job, you may have more protection than you think. Many employers must offer employees 12 weeks of leave for their medical conditions and medical conditions of their families necessitating leave under the Family and Medical Leave Act (FMLA).

Do you get paid during family medical leave?

The Family Medical Leave Act (FMLA) requires qualifying employers to hold your job open for twelve weeks but does not oblige them to continue paying you. Therefore, the direct answer is no. However, a minority of employees absent for their own medical condition get paid during FMLA…

Can a company lay off an employee on medical leave?

In addition to newly discovered evidence of serious performance issues, employers may lay-off employees out on medical leave without violating the FMLA if a reduction in force results in that employee’s entire department or division being eliminated, or the employer can show that all similarly situated employees are being eliminated.

What happens if you resign while on medical leave?

Note that if you resign, you will likely not have very strong claims, as you chose to leave your job instead of your employer terminating you. You need to speak with an employment attorney before you take that final step of leaving your job…