FMLA WHAT?
I was having a conversation with a colleague over lunch about how she’d left her last job. She and I are around the same age, navigating this thing called midlife. She made a decision to adopt two children, brother and sister. And no, she was not having a midlife crisis. Her children were old enough to care for themselves, and she did not want to see these children go into the system.
She told her manager the process she was going through, including petitioning the court, going to the Social Security office to update their information, and working with the Department of Children and Family Services. Since these tasks took her away from the office, she kept her manager up to speed each time she needed to be away.
“She was well educated, professional, and knew her job well.”
While she was in mid-process of wrapping up the adoption, the manager started patronizing her. The manager told her she didn’t care about her job. There was too much coming and going in and out of the office. She was told her actions were disrespectful to the office, and so on. My colleague is well educated, professional, and knew her job well. Before she started the adoption process, she was a star team member.
What was the true issue? The old adage of women with children don’t make good employees.
After telling me her story, I asked if she was familiar with the Family Medical Leave Act (FMLA). She said, “Yes.” My follow-up question was, “Did you know that adoption falls in that category?”
Like a deer in headlights, she was bewildered by my question. Her answer was no.
“Did you know that adoption falls under FMLA?”
Let’s Talk About What Qualifies an Employee for FMLA
Eligible employees may take FMLA for:
The birth of a child and to bond with the newborn child (within one year of birth).
Placement of a child with the employee for adoption or foster care (within one year of placement).
To care for a spouse, child, or parent who has a serious health condition.
A serious health condition that makes the employee unable to perform the essential functions of their job.
Any qualifying exigency arising from a family member's military service.
Key Considerations:
“Serious Health Condition” Definition: This includes illnesses, injuries, impairments, or physical/mental conditions involving inpatient care or continuing treatment by a healthcare provider.
Medical Certification: Employers may require medical certification to confirm the need for FMLA leave.
Intermittent Leave: FMLA leave can be taken in a block or, in some cases, intermittently (a reduced schedule).
Rights: Eligible employees are entitled to 12 weeks of unpaid, job-protected leave, and their group health benefits must be maintained during the leave.
“The adoption qualified her to take time without repercussion or backlash.”
Long story short, the adoption qualified her to take time without repercussion or backlash. The manager did not offer my colleague FMLA. When the complaint was presented to the Human Resources department—yes, it went that far—my colleague was not told about that benefit.
How many employees have the same issue of not being educated on what options they have for leave time? Too many.
This is where employees must do their homework, especially when their job is on the line. Needless to say, that company lost a valuable employee. I told her, going forward, ask questions—don’t just roll over and give in to the pressure. Know your rights!
“This was not the time for her to shrink under pressure. This was the perfect time for her to expand her knowledge.”
Felisha Ford
CEO & Founder
FF Consulting Solutions, LLC
Developing People, Elevating Your Business
For more information on FMLA, visit www.dol.gov.
