Interim Family Leave Act

The handful of sick or personal days people receive from their employers aren't always enough time off for child births, seriously ill spouses or several other reasons. Workers can take off more time, up to 12 weeks, under the Family and Medical Leave Act. While businesses are not required to pay employees on interim leaves, they do have to make sure there is still a job for their employees when they return.

Legal Provisions

• Employees, under the FMLA, are allowed to take off up to 12 weeks from work for several reasons, including: the birth, adoption or foster placement of a child; to care for a spouse, child or parent who is seriously ill or injured; and if the employee is seriously ill or injured.

  The act does not require employers to continue paying their employees while they are absent, but the businesses must have the workers' jobs available to them when they return. Employers that have dire needs to fill positions must have equal ones available when the employees return to work. Employers must also return all benefits to the employees. Workers may also use sick or personal days in lieu of FMLA time so they can continue receiving pay.

Leave Criteria

• Along with needing the leave time for any of the previously mentioned reasons, employees must meet certain other criteria to receive the benefits of FMLA. In order to be eligible for the act's provisions, employees need to have worked for their employers for at least one year. They must have also worked a total of at least 1,250 hours over the previous year.

  Also, not all businesses are required to follow FMLA's regulations. The law only applies to employers that have 50 employees who work at least 20 hours per week.

Employee Requirements

• The FMLA requires employees who know they will take leave to notify their employers at least 30 days in advance. In emergencies, employees must notify their employers as soon as possible.

  Employees might also need to continue paying for insurance premiums while they are gone. To avoid requiring people to pay for their benefits while they are not receiving pay, businesses can wait on pulling the money and require their employees to pay the debts when they return to work.

Employer Rights

• In order to avoid employee abuse of the FMLA, the act allows employers to require their employees to provide medical documentation in order to take leave, in some cases. The U.S. Department of Labor provides federal forms to certify leave time.

  Employers are also allowed to replace people on leave if the business can prove they hold key positions. In order to classify a key position, it must be salaried and within the top 10 percent for pay in the company. Employers need to prove it would be financially harmful to the company to leave the position unfilled.

Proposed Change

• The U.S. Congress is considering changes to the FMLA that would allow people on leave to continue receiving pay. The Family Leave Insurance Act of 2009 would require employers to pay between 40 percent and 100 percent of their employees' regular pay, depending on how much they made every year.

  Among other changes, the new act would extend the provisions of the FMLA to domestic partners.