Education for Justice                  FACT SHEET E-6                         Fall 2009

 

TIME OFF FROM WORK

 

 

You may be able to take unpaid leave (time off) from work to deal with a serious illness or to care for your children or other family members.  In some circumstances you can take time off related to a family member’s military service.

 

 

FAMILY AND MEDICAL LEAVE ACT (FMLA)

After you have met certain conditions (see below) the FMLA says you can get up to 12 weeks of unpaid family and medical leave in a 12-month period. You may have to use sick or vacation time during your time off.  During the leave, your employer has to give you the same health care coverage that you had while you were at work. 

 

You are also guaranteed to be able to go back to your job or a job like it.  You can take leave if you need to be off work for these reasons:

  • The birth or adoption of a child.
  • The placement of a foster care child in your home.
  • To take care of a serious health problem you have.
  • To take care of a sick parent, child, or spouse with a serious health problem.

 

Recently, FMLA was changed to add 2 types of leave related to military service:

 

·        Military Caregiver Leave: If you have a spouse, child, parent, or next-of-kin in the military that got ill or hurt in the line of duty, you can take up to 26 weeks of leave per 12 month period to care for them.  This includes members of the regular armed forces, National Guard or Reserves.  This leave is for temporary disability.

 

·        Qualifying Exigency Leave:  If you have a family member who is called to active duty as part of the Reserve, National Guard or certain retired members of the regular armed forces, you may be entitled to time off to deal with the situation.  This can also include other things related to your family member’s service that your employer agrees deserves time off.  The leave can total 12 weeks per 12 months.  The types of situations that count are things like:

 

-        Short-notice deployment (less than a week)

-        Military events/ceremonies

-        Some childcare

-        Making legal/financial arrangements

-        Counseling sessions

-        5 days during the family member’s rest and recuperation leave

-        Post-deployment activities, like an arrival ceremony

 

For more information go to the Department of Labor website at:  http://www.dol.gov

 

 

CAN I GET FMLA?

You can if:

 

·        The company you work for has a total of 50 or more employees.  This is counting workers at your site and other sites within 75 miles; or you work for the government, and

 

·         You have worked there a total of 52 weeks; and

 

·         You  worked at least 1,250 hours during the last 12 months; and

 

·         There is a birth, adoption or foster care placement of a child in your home; and/or

 

·         You, your child, spouse or parent has a serious health problem.

 

The health condition has to be serious.  This is very important.  If you aren’t sure if yours is considered serious, call a lawyer.

 

 

WHAT DO I NEED TO DO TO GET THE LEAVE?

You must give your employer 30 days notice, if you can.  If you can’t, give notice as soon as possible.  Just calling in sick is not good enough.  The employer can ask for proof of your situation.  If you need to go on leave to care for a seriously ill family member, get a statement from the person’s doctor about their health and why they need your help.  If the leave is for your own serious health problem, get a statement from your doctor that states your condition and why you can’t work.  An employer may contact the doctor to check if the information you gave is true.  They do not have to get your permission to do this.

 

 

WHAT IF MY EMPLOYER WON’T GIVE ME TIME OFF?

File a claim with Department of Labor and Industry (DOLI).  Call them at (651) 284-5005 or 1-(800) 342-5354.  You can also get a lawyer and file a lawsuit. 

 

 

 

MINNESOTA PARENTING LEAVE ACT

 

This law gives you 6 weeks of unpaid parenting leave.  You have a right to keep any health insurance through your job, but you may have to pay the cost of it.  You are guaranteed that you can go back to your job or a job like the one you had.  You may have to use your Minnesota Parenting Leave at the same time as your federal FMLA leave.

 

 

 

 

 

 

CAN I GET MN PARENTING LEAVE?

You can if:

·        You work for a company that has at least 21 workers

·        You worked there for 12 months before asking for leave

·        You worked at least half-time and

·        There is a birth or adoption in your home

 

The Minnesota Parenting Leave Act doesn’t cover medical leave, but you can use your FMLA rights for that.  See above.  You may also be able to use your own sick leave to take care of a child or spouse.  Check your employer’s sick leave policy.

 

 

 

SCHOOL CONFERENCES AND ACTIVITIES LEAVE ACT

 

Minnesota law says that employees can take up to 16 hours of leave in a 12-month period to go to their child’s or foster child’s school conferences or classroom activities.  Your employer does not have to pay you for the time.  You can use other paid leave for school conferences and activities, like vacation time.

 

 

CAN I GET THIS?

You can if:

·        You work for a company that has a t least 21 workers

·        You have worked there at least 12 months before asking for leave

·        You work at least half-time

·       Your child or foster child is under 18 years old, or under age 20 but still in secondary school

·        You try to set the conference or activity during non-work hours before asking for leave during work hours and

·        You give your employer reasonable notice of when you will take the time

 

 

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W. – Suite 101B

St. Paul, MN 55114

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