Your right to medical and family medical leave
You may have the right to take unpaid leave from your job because of your own serious health condition or to take care of a close family member with a serious health condition.
You have this right if:
- you work for a public agency or for an employer with 50 or more employees (including managerial employees), and if you work at a workplace with 50 employees within a 75 mile radius;
- you have been employed for at least 12 months and have worked at least 1,250 hours within the previous 12-month period.
You may take the leave for:
- birth of a child and care of a newborn child or placement of a child for adoption or foster care;
- care for your seriously-ill spouse, child or parent; or
- a serious health condition that makes you unable to perform the functions of your job.
How do I know if I or my family members have a qualifying serious health condition?
You may qualify for the leave if the condition involves an overnight stay in a hospital, visiting a health care provider, taking a prescription medicine, or having a chronic serious health condition. The condition must be serious enough so that you cannot perform your job duties, or so serious that your family member cannot engage in ordinary daily activities.
How much leave? Paid or unpaid?
You may take up to 12 weeks of unpaid, job-protected leave in any 12-month period. The leave may be taken in small amounts of less than one hour, or in long stretches of many weeks.
It is unpaid leave, but if your employer has a paid leave program, paid leave may be substituted for the unpaid leave.
While you are on leave, your health insurance must be maintained, and other job benefits, such as seniority or life insurance, protected.
When you return, you must get back your original position or an equivalent position.
If your employer unlawfully denies you leave, or refuses to give you your job back after your
leave:
- talk to your union steward and file a grievance (if you have a union) or
- file a private lawsuit pursuant to section 107 of FMLA against the employer or
- file (or have someone file on your behalf) a complaint with the U.S. Department of Labor.
For more information:
U.S. Department of Labor Wage and Hour Division
Iowa District Office
210 Walnut St., Room 643
Des Moines, Iowa 50309
Telephone (515) 284-4625
Web site: www.dol.gov