Taking Leave for Health Reasons
- Do you need a temporary break from your job for a pressing family or personal health problem?
- Are you unable to work right now due to an injury on the job?
- Do you have an illness that keeps you from working for a while?
In some situations, you can work out an informal arrangement with your employer.
In other cases, you may qualify for time off or other benefits until you can return to work. If you do qualify, it is your right to receive these benefits.
When Do You Qualify?
Do you have personal or family health problems? Are they interfering with your work? Are you expecting to give birth to or adopt a child?
You may not have to leave your job permanently in order to take care of these matters. You may be eligible for leave to take care of yourself or your family, with a guaranteed right to return to your job later.
The Family and Medical Leave Act (FMLA) is a federal law to help employees balance their work and family responsibilities when there is a serious illness, birth, or adoption in the family.
Under this law, certain employees can take up to 12 weeks of unpaid, job-protected leave per year. The leave allows employees to care for themselves, their children, spouses, or parents.
According to the U.S. Department of Labor, here are the valid reasons for taking job leave under the FMLA:
- Need to care for the employee's spouse, son, daughter, or parent who has a serious health condition
- A serious health condition that makes the employee unable to perform their job
- Birth of a child to the employee or placement of an adopted or foster child with the employee
Depending on what you work out with your employer, you can take this leave in different ways. For example, you take two weeks of leave now and another week later. Or you use 12 weeks all at once. Or you take off a half-day per week for several months.
Group health benefits continue during the leave. Employees who take this leave do not lose their jobs.
In general, this law covers employers with 50 or more employees. It covers employees who have worked for their employer at least 12 months.
Some state FMLA laws give employees even more rights than the federal law.
In 2003, the U.S. Supreme Court ruled that state employees have the same rights under the federal FMLA law as those who work for private employers.
What If You're Injured on the Job?
Workers' compensation is an insurance program that makes payments to employees injured on the job. Each state has its own program.
It doesn't matter whose fault the injury was. You still have a right to this benefit.
The payment, or compensation, replaces some of the income lost when the employee cannot work due to the injury.
Workers' compensation can also cover some medical costs. Most often, doctors and other health professionals selected by your employer will treat you. Sometimes you can get re-training or other help to be able to go back to work.
Workers' compensation covers almost all job-related injuries. The injury can be sudden, or be the result of longer-term conditions caused at work, such as carpal tunnel or back problems. You are usually covered even if you are not at your regular workplace, as long as you are performing your required work when you are injured.
Workers' compensation covers most workers, but there are exceptions in every state. For example, you are usually not covered if you are an independent contractor or a business owner. In many states, you are not covered if your employer has a very small number of employees.
Also, when you get workers' compensation, you usually give up your right to sue your employer for damages due to your injury.
States require most employers to buy workers' compensation insurance from a private insurance company. Some very large employers provide their own insurance. Your interactions about treatment and payments for your injury will usually be with the insurance company. You can also get information from the workers' compensation office in your state.
What About Illness?
Some workers have disability insurance through their jobs. A disability insurance policy pays you part of your regular salary when illness or an accident prevents you from doing your job. This disability insurance income usually begins after you have used up all the sick leave provided by your employer.
Check first to see how much coverage you have through your job. If you were in a car accident, learn if you are eligible for any disability income through your automobile insurance. Don't forget about other private insurance you may have, such as credit insurance, which could make loan payments while you can't work.
A few states require employers to provide short-term disability benefits—usually for about six months - to employees who can't work due to illness.
Each disability policy is different, and some are stricter than others. Get help to understand exactly what your rights are.
AARP Resources
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Balancing
Work and Caregiving
Are you one of the 22 million working Americans who help take care of a parent or loved one? AARP talks about how to balance your parent's needs with your employer's and yours. -
Care and Family
As you juggle work and home, use AARP's tips on family caregiving, helping family members with end-of-life matters, and dealing with grief and loss.
Additional Resources
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Family
& Medical Leave Act Advisor
The U.S. Department of Labor helps you answer questions about employee eligibility under the Family & Medical Leave Act. It covers valid reasons for leave, employee/employer notification responsibilities, and employee rights and benefits. -
Workers'
Compensation Offices by State
Click on your state to find information about your workers' compensation coverage and how to apply. -
Guide to
Disability Income Insurance
Read this guide online, from the Health Insurance Association of America (HIAA).
