Family And Medical Leave Act Michigan: How Does It Work?
The Family and Medical Leave Act (FMLA) is a federal law that allows workers to take unpaid time off to care for themselves or a family member if they suffer from a serious health condition. However, securing leave can be a complex process. Sometimes, employees do not receive the protections they deserve. If you need medical or family leave, a Michigan employment law attorney can guide you through the process of seeking the time off that the law entitles you to.
What Is the Family and Medical Leave Act?
FMLA is a federal program that applies to many workers in Michigan and across the United States. It protects employees’ jobs by guaranteeing them 12 weeks of unpaid, job-protected leave annually if they are unable to work for medical reasons.
The U.S. Department of Labor (DOL) states that under FMLA, employers must provide eligible employees with leave for the following reasons:
- A serious health condition that leaves the employee unable to work
- The birth and care of a newborn child
- The placement of a child for foster care or adoption
- The care of an immediate family member (a spouse, child, or parent) with a severe medical condition
Employees can take their FMLA leave as one continuous time period. They may also take leave intermittently for doctor visits, medical procedures, and other health-related needs.
Who Does FMLA Cover?
The Family and Medical Leave Act covers all Michigan employees who work for public agencies, public or private elementary and secondary schools, and companies with 50-plus workers. You are likely eligible for FMLA if you:
- Have worked for your employer for at least 12 months
- Have worked at least 1,250 hours over the previous 12 months
According to the Michigan Civil Service Commission (MSCS), if you do not qualify for FMLA, you may still be able to take medical leave under your collective bargaining agreement or Civil service rules.
Can You Continue Your Insurance Benefits While on Leave?
Another protection FMLA offers is the ability to maintain employer-provided group health insurance benefits while on medical or family leave.
Before you can take medical leave, you must use any sick credits you have. While you are still receiving a paycheck from your employer, your health, dental, vision, and life insurance premiums will continue to be deducted. Once you go on unpaid leave, the Michigan Employee Benefits Division (EBD) will mail you an application to continue insurance. You must select the insurance coverages you wish to retain, send back the form, and pay your portion of the premiums.
Contact an FMLA Attorney with Just Right Law
Just Right Law are experienced employment law attorneys. If you need to take leave, our team can assess your eligibility, fight back against FMLA violations, and protect your rights during negotiations, mediation, or litigation. We have provided personalized, dedicated legal representation to clients in Michigan for over 30 years. To learn more, contact us online or call today for a free consultation.