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Many working parents of children with cancer can use the Family and Medical Leave Act (FMLA) to take time off to care for their son or daughter.
The federal law compels certain employers to provide 12 weeks of unpaid leave to employees who meet the law’s requirements.
In addition, some state and local governments have their own regulations concerning family leave. In many cases, they are more generous than FMLA. The U.S. Department of Labor has links to webpages of states that have similar statutes.
Parents are encouraged to contact the human resources department of their company for more information and required forms. Social workers can assist parents with getting required forms completed.
Covered employers include:
An employee must work:
According to FMLA:
The FMLA only requires unpaid leave. However, the law permits an employee to choose, or the employer to require, the employee to use paid vacation, sick, or family leave for some or all of the leave. An employee must follow the employer’s normal leave rules to use paid leave. This paid leave is FMLA-protected.
An employer may require medical certification from a health care provider. In most cases, the employer should request it within 5 business days of the leave request.
The FMLA requires that the employer return the employee to the same job or one that is equivalent.
If not returned to the same job, a job must:
Reviewed: June 2018