Are You Eligible for UCLA's FMLA Leave?
When you become a parent, or a serious medical condition strikes you or a family member, you need time off work. However, America lacks federal paid parental leave statutes stranding establishments on leave policy matters. Fortunately, the policy is in place for UCLA employees.
Applying for FMLA leave might not be your cup of tea. It's worse if you don't know how to do it. The application process can be brutal, long, tedious, and time-consuming. But this shouldn't be a reason not to apply.
That's where DoNotPay comes in. Our way is faster, more convenient, automated and less frustrating. It’s your way out.
About FMLA and Eligibility
Family and Medical Leave Act (FMLA) is federal labor law. It empowers eligible employees to take 12 weeks of unpaid, work-protected leave for reasons such as taking care of yourself or your family member due to a severe medical condition or bonding with a newborn baby after giving birth or adopting, or for foster placement.
The law also allows eligible employees to take up 26 weeks of unpaid leave per 12-months to care for a sick or wounded covered service member.
This law gives you job security when you are on leave and mandates your employer to continue paying for your health benefits as if you were at work.
However, not every employee is eligible for FMLA.
In general, to qualify, you must:
- Have worked for your current employer for more than 1,250 hours in the past 12 months
- Work in a worksite with at least 50 employees within 75 miles
- Work for a covered employer for at least 12 months before applying for leave.
A covered employer is any private employer with 50 or more employees, local, state, and federal government agencies, and elementary and secondary schools regardless of the number of employees.
Check out our state guides for more information:
FMLA and Paid Family and Medical Leave: What Is the Difference?
Family and Medical Leave Act (FMLA) and Paid Family and Medical Leave (PMFL) are labor statutes allowing eligible employees to take leave off work.
However, they have specific disparities:
- FMLA is a federal law covering numerous employers and employees across the country. PFML covers employees at the state level and is available in a few states, including New York, New Jersey, California, Connecticut, Washington, Massachusetts, Hawaii, Oregon, and Colorado.
- FMLA offers 12 weeks of unpaid but job-protected leave, while PFML offers paid leave with little job protection while the employee is on leave.
- FMLA doesn't require any contributions from the employer or employee. PFML works like an insurance policy, and eligibility is subject to contributions from the employees' salaries.
- FMLA is restricted to covered employers only. PFML has no restrictions or exemptions as long as the employers and employees are contributing accordingly.
- FMLA offers standard leave of 12 weeks and 26 weeks where service members are involved, while PFML leave periods vary by state.
How to Get Paid While on UCLA FMLA Leave
Unfortunately, there is no compensation during your Leave. FMLA offers unpaid leave for the whole 12 weeks you'll be away.
But there’s hope. UCLA won’t pay you when on FMLA leave. Still, you can substitute any accrued paid sick leave, vacation, or personal time for FMLA leave.
This way, the paid leave will run simultaneously with the unpaid FMLA leave, and you can receive some compensation while you’re on leave.
Request UCLA FMLA Leave on Your Own
Before you even begin the UCLA FMLA leave application process, you should;
- Give thirty days advance notice, if possible, and fill out the Leave of Absence Request form.
- Provide your supervisor with evidence of your serious medical condition, or that of your family member from a certified healthcare practitioner.
- Receive a copy of the Leave of Absence Request form from the department notifying you of leave approval or denial.
Since you have decided to handle the leave request on your own, the following are some avenues to use:
- Phone – you can call the campus HR department and discuss the issue.
- Email – write a professional email, address it to the proper recipient in the HR department, and hit that send button.
- In-person – visit the HR department in person, and be ready to complete the numerous FMLA forms they'll hand you, such as the Leave of Absence Request form and Family and Medical Leave Certification form, among others.
- Letter – begin the application process by writing an FMLA leave request letter and sending it to the campus HR department. This is an official document, so ensure to include all necessary info such as reasons for the leave, leave commencement and return dates, your department, and immediate supervisor.
- These letter samples can guide you on how to do it.
All these DIY methods will mostly result in you heading to the campus HR department to complete the numerous forms. But what if your condition doesn't allow it? What if you lack the time or knowledge to go through the hoops? Worse of all, what if your request gets rejected because you missed a requirement?
Don't take that chance. Let DoNotPay negotiate that leave for you.
Medical Conditions Covered by UCLA FMLA
As per the law, UCLA FMLA covers only serious medical conditions that belong to any of these classes:
- Medical conditions requiring overnight hospitalization
- Conditions causing incapacitation for more than three days with continuing treatment by a health care provider, such as chemotherapy or kidney dialysis
- Pregnancy or prenatal care-related conditions
- Chronic health conditions such as asthma or epilepsy
- Permanent or long-term conditions causing incapacitation such as advanced ALS, Alzheimer's and terminal cancer,
- Conditions that require multiple treatments and follow up such as constructive surgery
Next Steps for Obtaining UCLA FMLA if You Aren't Successful on Your Own
If it's your first time requesting UCLA FMLA leave, it can be daunting. You may lack the proper knowledge of the application process, eligibility or numerous requirements. Without an expert to guide you through the hurdles, you might be unsuccessful.
As a covered employer, UCLA falls under FMLA, and it's unlawful for the management to deny your leave request. If you are eligible and your FMLA leave request is denied, the institution violates your rights.
In this case, DoNotPay will help you file a complaint against UCLA with the US Bureau of Labor. In addition, we will help you file a claim against the institution in a court of law where you can recover various damages.
With DoNotPay, all is not lost.
Request UCLA FMLA Leave Using DoNotPay
You've tried all your DIY methods, but they've borne no fruits. The harsh reality is, negotiating for your UCLA FMLA leave might not be easy. Luckily, DoNotPay has all the tools and resources, including extensive knowledge in law.
We will help you request leave in six easy steps:
- Tell us which state you work in (if you work in CA, NY, NJ, MA, WA, or DC, your state has a paid family leave program).
- Choose whether you want us to apply to the program for you or contact your employer with your leave request. If you want to apply for the program, we will walk you through the questions on the form and mail the application form for you.
- If you want us to contact your employer, enter your leave details, including the starting date, number of weeks of leave, and how many weeks of paid leave you are requesting (for example, you may take a 12 week leave, but only request 8 weeks of paid leave to make the request reasonable).
- Indicate whether you are the birth parent or not (birth parents have a few additional legal protections).
- Enter the name of your company and the person to address this request to.
- Select whether you want us to email the request to your employer on your behalf.
What Else Can DoNotPay Do?
Among DoNotPay's many features is versatility. The app's abilities go way beyond requesting your UCLA FMLA leave.
If you have a legal task to accomplish but don't know where to begin, or don't have the time to handle, DoNotPay can help.
We can help you:
Try it today and see!