I Need To Take Time Off From Work, What Is The Family Medical Leave Act?

The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee’s child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee’s own serious health condition. It also requires that employee’s group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration’s Wage and Hour Division within the U.S. Department of Labor.

Application of the FMLA can also be impacted by the Uniformed Services Employment and Reemployment Rights Act (USERRA), Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). Covered employers must grant an eligible employees up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;

for placement with the employee of a son or daughter for adoption or foster care;

to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

to take medical leave when the employee is unable to work because of a serious health condition.

Job Benefits and Protection

 

 

 

Upon return from FMLA leave, an employee must be returned to the same position or to an “equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.”

An employee who takes FMLA leave is entitled to maintain health benefits coverage.  An employee on unpaid FMLA leave may pay the employee share of the premiums on a current basis or pay upon return to work.

Advance Notice and Medical Certification 

 

 

 

An employee must provide notice of his or her intent to take family and medical leave not less than 30 days before leave is to begin or, in emergencies, as soon as is practicable.

An agency may request medical certification for FMLA leave taken to care for an employee’s spouse, son, daughter, or parent who has a serious health condition or for the serious health condition of the employee.

Under what circumstances can a Family and Medical Leave Act (FLMA) leave of absence be taken?

It can be taken for your own “serious health condition” or that of your child, parent or spouse, to allow you to take care of that family member. Also, you can take it in connection with the birth, adoption or foster care placement of your child.

How long do I have to work for your employer before you are eligible to take a FMLA leave?

In order to be eligible to take an Family and Medical Leave Act (FMLA) leave, an employee must have been employed by a “covered employer” for at least 12 months, and he must have worked at least 1250 hours for that employer, during the preceding 12 month period.

Are employees entitled to be paid for their time off on a FMLA leave?

No, employees are not entitled to compensation while they are off on their Family and Medical Leave Act (FMLA) leave.

Is the employer obligated to hold the employee obligated to hold the employee’s job open for them, while they are on FMLA leave?

Yes, an employer may not legally terminate an employee while they are off on a Family and Medical Leave Act (FMLA) leave. Upon the employees return to work, the employer is obligated to reinstate them to their prior position of employment, but if that job is no longer available, then the employer must offer the employee comparable employment.

I Have Employment Gaps In My Resume!

Employers look for gaps for several reasons. They are looking for potential problems, like substance abuse, reoccuring illness, incarceration, and instability. Employers are looking to see if you are hiding something. Life happens and if you have gaps in your employment history, there are ways to minimize the gaps, and in some case work to your advantage. For example you are applying in a industry geared toward children. The fact that you took off work to care for children may work in your favor. If you work in the travel industry, if you took time off to travel, document that on your resume.

The type of resume you use will make a huge difference. Don’t use a straight chronological resume and don’t put the months, just the years. Write a more functional resume. Use the top of your resume to highlight your skills and qualifications. Use Summary of Qualifications or something similar. List all relevant skills, especially those you may have learned while off work or at a volunteer position. It helps to be able to explain something constructive you did while you weren’t working. Some employers are suspicious of a functional resume, but this is still the best format. The next section will highlight professional experience, list the employers and dates, use years not months. This will help to minimize the time off. The last section will be Additional Experience, this section will highlight any additional skills you picked up, include any new hobbies learned that are relevant to the job you are applying for. If you have nothing, think about volunteering right away. Many of my clients have large gaps due to incarceration and long state hospital stays. I often start them off volunteering, it helps show you can still suit up and show up. Which is the first requirement of any job. It also provides an opportunity for a new, local reference. Volunteering is also a great avenue for social networking for good job contacts.

The goal is to cast the best light you can on the time off work. If you were recovering from a mental illness it is usually best not to disclose it on your resume. There is still a real stigma that exist around mental illness. If it is something like depression, chances are they know someone who has delt with it. Other diagnosis like Bi-polar and Schizophrenia still are very misunderstood. The media’s portrayal of people with Mental Illness promotes the fear and un-true facts the public holds. As a person with a Mental Illness, I have had to disclose to my employers. Most were understanding and accommodated me, a few others didn’t know how to handle the situation. I believe this is due to ignorance and not malice.

Many jails and hospitals have vocational programs. If you participated in one of these you can put that on your resume in a discrete way. You can also contact them for letters of reference. These become more important to a job seeker with a spotty employment history.

With employment gaps it is very important to have a great cover letter, this can help you address the gaps. Again frame your time off in the most constructive light, if nothing else talk about the great books you read. Not the whole letter of course, just a few sentences that re-assures the potential employer that your not lazy. I wouldn’t talk about watching the first zillion seasons of American Idol!

First Impressions, Making It Work For You!

Never underestimate a first impression, those first few seconds are critical. As an Employment Specialist, I have seen and heard it first hand. I think it breaks down into your appearance, handshake and smile. The experts say dress for the job, if you are a carpenter, then dress like one. I disagree.

I was working with an older, overweight gentleman with a healthy rap sheet. He had recently been released from the state hospital after being charged with attempted murder.  He was looking for a job.  He faced several barriers to employment, including low literacy. But his attitude was positive and he followed through on everything I asked him to do, including putting on, for him, his Sunday’s best. One manager said “finally someone to interview.”  He was applying for  a warehouse job. He didn’t get that job, but it wasn’t long before he got one. He rode to my office on his bike, in his suit.If he can do it, so can you. I can’t stress enough how dressing up a bit will help with that first impression. If you can’t dress up, at least be tidy and wrinkle free. No holes period.  Don’t forget your fingernails and pay attention to the small details as the interviewer is.

The handshake can convey both warmth and confidence. Men, from a woman’s point of view, I don’t appreciate the side handshake or a weak one. That tells me a lot about how you view women. Make a firm connection and good eye contact. Most of communication is non-verbal and your body language is very important. A recent study from UCLA estimated 93% of communication effectiveness is determined by non-verbal cues. So it matters what you say and  how you say it . Non-verbal cues include facial expression, hand and feet movement, gestures, body movement and position.  Stand tall, but not intimidating, and don’t forget to SMILE!  But remember you literally have seconds to impress your new boss.

 Throughout the interview be aware of your body language and what message are you sending. Try to convey open and honest, and invested in the communication. Make regular eye contact, but don’t stare the recruiter down.  Smile at every opportunity. Are your hands open or do you have them clenched into a fist. Have your palms up, so they say, I have never found this comfortable and that is what you want to express. So be true to yourself, just be aware there is a whole other layer of communication happening.

Reading body language goes two ways. There are lots of excellent sites devoted to body language and non-verbal cues. Familiarize yourself with some cross cultural cues. Non-verbal cues are culturaly relevant, especially hand gestures. Meaning hand gestures in one culture don’t mean the same in another. Other cultural differences have to do with body proximity and comfortable personal space bubbles.  A smile on the other hand means pretty much the same everywhere.

I Have A Criminal Record, What do I do?

The reality is more and more employers are doing background checks, even for entry-level positions. Why?

Studies show that 30-40% of all job applicants put false information on their resumes or applications.

Lawsuits for “negligent hiring” are on the rise.  Criminal actions by employee are making companies vulnerable to lawsuits.

Child abuse and abductions have resulted in new laws in almost every state that require background checks for people working with children.

What type of information will a background check look at?

Employment Verification

Education Verification

Drug Screening

Credit Checks

Criminal and Motor Vehicle Records

Employment Application Accuracy

So what do you do?

Be prepared! Check your background, you may have honestly forgotten something and it will look like you are trying to hide something. Employers will hire the right candidate with the right fit, even if you have a less than perfect background. Having this information will help you anticipate concerns an employer may have about hiring you. Have a prepared statement describing what happened. Keep it short, one or two sentences. Then refocus the interview’s attention to your more positive attributes or what you learned from the experience and how it won’t happen again.  None of the free sites I checked out were actually free. They want you to try their product and you have to cancel it or be billed.  You can also get a copy or your credit report and check court and DMV records.

I also don’t know of any totally free employment histories available either. You can get a copy from your local Social Security Office for  up to $25.

As an Employment Specialist, I work with people with Severe and Persistent Mental Illness with criminal records and a tool I use in A Letter of Explaination. Writing this letter will also help you prepare for interviews. This is a legal document, don’t distort the facts. Write about three short paragraphs, the last should be the longest.

The first paragraph will explain the incident, keep it short and don’t try to justify your actions. Just the facts, explain your state of mind or substance abuse and how that contributed to your bad judgement. An employer doesn’t want to hear any excuses, they want to know what you learned from the experience.

The next paragraph will deal with the consequences or treatment that occured. Take responsibility and talk about the positive outcome, ie of finally getting treatment or learning a new trade while incarcerated. Give the detail of the steps you take to stay healthy, like going to 12 step meetings, anger management or medication for Psychiatric Disorder. I would advise not disclosing your diagnosis, especially if your illness is severe like schizophrenia, as so much misinformation still exist today and it scares people who are uneducated about Mental Illness.

The last and longest talks about why you are a great canidatefor the job, talk about work ethic and positive attributes. Make a list of ten of your best qualities, if you are having trouble ask a former boss, counselor, friend, clergy. Memorize this list, so if you get stuck in an interview you can finish your sentence with one of your best qualities. It is your job to convince your potential employer you learned something from the incident(s) and it won’t happen again.

When to utilize A Letter of Explanation

Don’t hand it out with your resumes! Use it only if your criminal record becomes an issue, and a verbal explanation isn’t possible because you are to uncomfortable to talk about it.It is best if you address the issue head on, a straight short statement. Use your letter as a script. One or two sentences, followed by stating some of your positve attributes. I have also had Human Resources require a written explanation.

Expungement

Expunging your criminal record means that your prior conviction is set aside. If you

have a conviction expunged, you are considered not to have been convicted for most purposes.

For example, you can honestly tell potential employers that you have a clean criminal record.

Your conviction can only be used for very limited purposes, such as increasing your sentence if

you are convicted of a new offense. An expunged conviction is not supposed to appear on your

rap sheet. (If it does, contact an attorney.)

Getting your criminal record expunged can make it much easier for you to get a job,

housing, or credit. Many employers won’t hire you if you have a criminal record. Many

landlords won’t rent to you. And a criminal record may prevent you from getting subsidized

housing or public benefits. If you have a criminal record, you probably already know how much

harder it makes many things in life. If you can get your record expunged, the law treats you – in

most cases – as if you had never been convicted.

5 Great Interview Questions

Once you land that interview, now is the time to get prepared. Research the company you are applying for, check out their website, look for a mission statement, company profile, sales, company ranking, do they identify any future goals. Look for information that makes you look proficient and that you did your homework. Take this information and prepare some questions to ask in the interview. This makes you look informed and invested. Asking some well thought out question will score you points with the interviewer and make you seem that you have sincere interest in the company.

5 great Interview Questions

What is the make up of the team as far as experience? Am I going to be a mentor, or will I be mentored?

What does the Company value most, and how do you think my work will further these values?

What are the most critical factors for success in your segment of the business?

What can I bring Company ABC to round out the team?

What’s the most important thing I can do to help within the first 90 days of my employment?

All these question came from 201 best questions to Ask on Your Interview, by John Kador. This is a great book with lots of good information. It also gives examples of bad questions to ask. Some of them are very funny, but it gives you a good idea of what hiring manager, recruiters, and head hunters are looking for.