What do all these terms mean? What’s the difference?

FMLA is federal Family Medical Leave Act. It covers absences or leaves for your own medical condition.

FLA is the Family Leave Act. It covers absences or leaves for your own condition or if you need to care for a family member.

Am I eligible for FMLA (Family Medical Leave Act)?

Must have worked with the employer for at least 12 months and at least 1,250 hours during the previous 12 months.

What benefits are provided by FMLA?

• Up to 12 weeks of unpaid, job-protected leave per year. Requires that health benefits be maintained during the leave, but employee cost-sharing and contributions still apply.
• May be taken in a consecutive, intermittent, or reduced schedule basis.
• Protection may run simultaneous to your paid leave or eligible reasons as well. For example, use your own paid sick leave and FMLA at the same time for job protection. This is governed by employer policy.
• You cannot be disciplined for using approved FMLA, even if you have no paid leave left.
• Upon return from FMLA, an employee must be restored to their original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. Employers are also required to continue group health insurance coverage for an employee on FMLA under the same terms and conditions.

What situations are covered by FMLA?

• Birth of a child, adoption or foster care
• Care of a spouse, child or parent with serious health condition
• Employee’s own serious health condition involving any of the following:
  • inpatient care in a medical facility or subsequent treatment for such inpatient care
  • inpatient care in a medical facility or subsequent treatment for such inpatient care
  • Incapacity requiring more than 3 days of absence from work
  • incapacity or treatment due to a chronic health condition (e.g. asthma, epilepsy)
  • any period of incapacity which is permanent or long-term due to a condition which may not be effectively treated (e.g. Alzheimer’s Disease)
  • any period of absence to receive multiple treatments either for reconstructive surgery or which would result in at least 3 consecutive days of absence without such medical intervention

Is FMLA paid time off or unpaid time?

FMLA is a protected status granted to the approved leave time related to your condition. FMLA could be applied to your own paid sick leave to protect you from discipline for excessive absenteeism. FMLA can also be applied to unpaid extended leave once your own benefit leave time is exhausted. Your paid leave benefits will be covered by your contract or by other law. 

NJ’s Paid Family Leave (Family Leave Insurance) law which took effect in 2009 expanded the state’s temporary disability insurance (TDI) program to give workers up to twelve weeks of family leave benefits to care for a seriously ill family member or a newborn or newly adopted child. Workers will receive two-thirds their weekly salary up to $1025 per week.

Can I take intermittent leave instead of consecutive FMLA?

You can take FMLA as intermittent leave or as consecutive leave. Make sure your medical provider is clear in your paperwork on this point.

FMLA can be taken in separate blocks of time. It may be scheduled in periods as brief as one hour to blocks of several weeks consecutively. The employee may also use FMLA to reduce their hours per day or week.

How do I apply for FMLA? Who decides if FMLA is approved?

Your Human Resources department should provide all the forms required to bring to your medical professional. Your doctor should complete the forms and state clearly whether you are seeking intermittent or consecutive FMLA leave. Your doctor should clearly state how long the condition is expected to continue. If you are seeking FMLA to care for a family member, your family member’s doctor can complete the form for you and list you as a caregiver.