Time Off from Work: Illness or Death

FMLA is a federal law. If you are eligible (see next section), you have the right to take up to 12 weeks of unpaid family or medical leave in a 12-month period. FMLA leave is a job-protected leave. This means your employer must give you back your same job or a job like your old job at the end of your FMLA leave.

If you have sick or vacation time at your job, you can use this time during your FMLA leave. Your employer may say you have to use it. During your leave, you get to keep the same health insurance coverage that you had while you were at work. You have to pay your part of the premiums.

To be eligible to take FMLA leave, you must:

1. work for a covered employer
2. work 1,250 hours during the 12 months right before the leave starts
3. work at a location where 50 or more employees work or 50 employees work within 75 miles of the location, and
4. have been employed at that place for at least 12 months.

Your reason has to be an FMLA qualifying reason. This includes any of these reasons:

• You can’t work because of a serious health problem you have
• You need to get treatment for a serious health problem
• You need to take care of a parent, child, or spouse with a serious health problem

You must give your employer 30 days’ notice, if you can. If you can’t, give notice as soon as possible. You have to tell your employer your reason that qualifies you for FMLA. This is so your employer knows that you are asking for FMLA leave. Just calling in sick is not good enough.

Your employer can ask for proof of your problem, like certification from your doctor. An employer may contact the doctor to check if the information you gave is true. They do not have to get your permission to do this.

Note: the health condition has to be serious. A condition is serious if it is an “illness, injury, impairment or any physical or mental condition that requires inpatient medical care or continuing treatment by a health care provider."

File a claim with the U.S. Department of Labor, Wage and Hour Division. Call them at 1-866-4USWAGE (1-866-487-9243) You can also get a lawyer and file a lawsuit.

FMLA ends right away if your seriously ill family member dies. Your employer doesn’t have to give you time off for your family member’s death, but they may let you take time off for “bereavement leave.” Check your employer’s policies or talk to your employer.

If you or a close family member are suffering a serious physical or mental health condition because of the death of a loved one, you may be able to take time off under the FMLA. But dealing with the regular affairs of someone who has died is not covered under the FMLA.

Earned Sick and Safe Time is paid leave that your employer must give you unless you are:

• a federal employee,
• an independent contractor,
• a volunteer or paid-on-call firefighter,
• a volunteer or paid-on-call ambulance worker,
• an elected state official, or
• a temporary farm laborer

You must keep getting your regular rate of pay while you are out sick. But this is not true if you are paid on a basis other than salary or hourly. Like commission or piecework.

Regular rate of pay does not include:

• commissions,
• shift differential in addition to your hourly rate,
• overtime,
• premium pay for holidays or certain days of the week,
• bonuses, or
• gratuities

Note: If you are paid on a commission or piecework basis, you must be paid at least minimum wage.

This paid leave can happen if:

• You are sick
• You need to care for a sick family member
• You need to make funeral arrangements for a deceased family member, go to their funeral or memorial, or take care of financial or legal issues because of the death

You earn 1 hour of sick and safe time for every 30 hours you work. You can earn up to 48 hours each year or more if your employer chooses. If the city you work in has a more protective law, the employer must follow it. 

You are eligible for sick and safe leave if you:

•          work at least 80 hours in a year for an employer in Minnesota and

•          are not an independent contractor.

You are eligible even if you are a temporary or part-time employee. Some family caregivers who provide services through a consumer support grant may choose not to take this leave. Workers covered by a collective bargaining agreement for building and construction employees may also choose not to take it.

Minnesota Department of Labor and Industry
www.dli.mn.gov 
(651) 284-5005 or
1-800-DIAL-DLI (1-800-342-5354)

U.S. Department of Labor
www.dol.gov
1-866-4-USA-DOL (1-866-487-2365)