[aclee]

Originally Posted by binkybear

FML is essentially a legal "placecard" for your job/position. It allows you up to 12 weeks unpaid leave from your job without the worry of your job being lost to you when you return. Different companies, school districts, unions, etc have different guidelines as to what happens before FML kicks in. Like my last employer had you use 5 paid time off days and then FML started. My sis is within a school district where you essentially have to use up all of your time off and then the FML would kick in.
An employer can find someone else to do your job when you're gone (business has to keep on going even though you're gone), BUT when you return you are by law suppose to have the same or equal job/position waiting for you...regardless if they keep the other person who was hired to help out when you were out on leave. You can't be "punished", demoted, or fired becuase you used FML. Hope that helps

Not every company HAS to offer you FMLA, or their requirements might be different. Smaller companies don't have to, and medium sized companies can offer less than 12 weeks for example. I think for most companies you need to have been employed for 1 year with them in order to use FMLA.