The Department of Labor, FMLA and time off for cancer

The Family and Medical Leave Act, usually called FMLA, is a federal law. The part of the government that explains and enforces it is the Wage and Hour Division of the U.S. Department of Labor. When people say they are going to "file with the Department of Labor" about leave, this is the office they mean.

The Department of Labor describes FMLA as giving qualified workers unpaid, job-protected leave for qualifying family and medical reasons. It also requires employers to keep health insurance coverage in place during leave.

That short description contains the two things most cancer patients care about. Your job is held. Your health plan keeps running.

The Department of Labor says eligible employees may take up to 12 workweeks of leave in a year for most qualifying reasons. For military caregiver leave, it describes up to 26 workweeks in a single 12-month period.

Leave does not have to be taken all at once. The department says employees may take FMLA leave in separate blocks of time for a single qualifying reason, or work a reduced schedule, when it is medically necessary. For someone getting chemotherapy every few weeks, that flexibility is often the whole point.

The department lists three conditions an employee must meet:

• Employed by a covered employer for at least 12 months
• Worked 1,250 or more hours in the previous 12 months
• Work at a location where the employer has 50 or more employees within 75 miles

It also describes which employers are covered: private employers with 50 or more employees for 20 or more workweeks, all public agencies at the federal, state, and local level, and all local educational agencies and schools.

If you do not meet those conditions, FMLA is not the tool for your situation. That does not mean you have no options. It means the answer lies somewhere else, such as your employer's own policies or a state law.

FMLA uses the phrase "serious health condition." The department says the most common examples include an overnight hospital stay, a period of incapacity of more than three consecutive days with continuing treatment by a health care provider, chronic conditions that require provider visits at least twice a year, and pregnancy-related conditions.

Leave can be for your own serious health condition or for that of your child, parent, or spouse. That second part matters for caregivers as much as for patients.

Employers may ask for medical certification. The department says employers must give employees at least 15 calendar days to get it. If a certification is incomplete, the employer has to say in writing what is missing and allow at least 7 days to fix it. Recertification is generally limited, and the department describes limits such as no more often than every 30 days in many situations, and at most every six months in certain circumstances.

When you come back, the department says you must be given your same job or an equivalent one, meaning the same pay, benefits, shift, duties, and work location without a significant increase in commute.

You can read the rules from the source. The Wage and Hour Division publishes plain-language FMLA material for both employees and employers, and it is free.

You can ask a question. The department lists a toll-free number for the Wage and Hour Division, 1-866-487-9243, and says it has more than 200 offices across the country. Because contact details and office locations change, check the current details on its site.

And you can file a complaint. If you believe your FMLA rights were denied, the department says you can contact the Wage and Hour Division or your nearest office. You do not need to hire anyone to make that first call.

It cannot pay you. FMLA leave is unpaid. Any income during that time comes from somewhere else, such as accrued paid time off, an employer policy, short-term disability insurance, or a state paid-leave program.

It cannot make an ineligible worker eligible. The 12-month, 1,250-hour, and 50-employee conditions are set by the law itself.

It cannot manage your relationship with your manager. FMLA is a floor of legal protection, not a communication plan.

It cannot give you legal advice about your own case, and neither can this page. If your situation is complicated or you think you have been treated unfairly, talk with the Wage and Hour Division or an employment lawyer about your specific facts.

A few habits make this easier.

Ask your employer, in writing, what they need and by when. Then ask your oncology team who completes leave forms, because it is often a nurse or a dedicated form coordinator rather than your doctor.

Keep a copy of everything you submit and note the date you handed it in. Those dates are the backbone of any later question about whether the process was followed.

Finally, think ahead about the shape of your leave. Continuous leave and intermittent leave are handled differently in practice, and a treatment calendar you can point to helps everyone plan. If your schedule changes mid-treatment, which is common, tell your employer promptly rather than waiting for a missed day to raise the question.