Can I take FMLA?

FMLA (Family and Medical Leave Act) is a federal law that provides job-protected leave for specific family and medical reasons. In Washington State, FMLA is an option in certain circumstances, as well as a program called Paid Family and Medical Leave (PFML) administered by the state. The below websites are great resources for more information on eligibility for these programs. Your employer may also have resources and/or policies and procedures related to taking leave and how to communicate with them about your leave – it is important to review these policies and procedures and speak with your employer about your leave and return. Leave can be continuous or intermittent.

FMLA has one of the greatest job protections for employees who take leave. Generally, your employer is supposed to return you to the same or similar position as before you took leave.

FMLA:

• https://www.des.wa.gov/services/small-agency-support/human-resources/supervisor-toolkit/family-medical-leave-act-fmla

• Fact Sheet #28E: Employee Notice Requirements under the Family and Medical Leave Act | U.S. Department of Labor (dol.gov)

• Fact Sheet #28F: Reasons that Workers May Take Leave under the Family and Medical Leave Act | U.S. Department of Labor (dol.gov)

• Family and Medical Leave Act | U.S. Department of Labor (dol.gov)

PFML:

• https://paidleave.wa.gov/

• Employers are also required to provide certain notices. For more information, here is a good resource: Fact Sheet #28D: Employer Notification Requirements under the Family and Medical Leave Act | U.S. Department of Labor (dol.gov)

Should you have any questions about your rights as an employee who is on or has taken leave and are concerned about possible adverse action from your employer, you should contact a lawyer immediately. Time may be of the essence for taking and returning from leave.