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Staying Home With Mom and Baby

The Facts About the Family Medical Leave Act

By Teri Brown

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Taking advantage of the Family Medical Leave Act can be complicated. Often state laws provide their own family medical leave, and it is difficult to know which hoops you need to jump though. The U.S. Supreme Court only recently clarified that the federal law applies to all public and private employees. "Basically, if a state has its own law the more generous of the two laws is the one that applies," says Grant. "For example, some states allow more generous parental leaves than the Family Medical Leave Act provide. In those states, women and men can take a longer job-protected leave."

The Family Medical Leave Act only covers employees who work for businesses with 50 or more employees, and you must have been working with that employer for 12 months to be eligible. Most importantly, the Family Medical Leave Act is for unpaid leave only, and while an employee may use accrued vacation or sick pay during that time, the employer is under no other financial obligations.

"From the employee's perspective, the fact that the leave is unpaid is undoubtedly the biggest problem," says Hackett. "While the Family Medical Leave Act's job and health insurance protections provide some security, they do not put food on the table or pay the bills. An employee may use paid sick and vacation time while on leave, but few employees accrue enough paid time off to cover all of the leave time they need. Without a steady income, many employees are forced to shorten or forgo a leave of absence altogether."

Planning for Paternity Leave

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