FELA Series

Family & Medical Leave

It is frequently asked whether a spouse can take time away from work to care for an injured railroad worker. If the spouse is employed by a company governed by the Family and Medical Leave Act (FMLA), the answer is yes.

This Federal Law provides up to 12 weeks per year of unpaid leave from jobs in order to care for a seriously injured or ill family member. To be eligible for FMLA benefits, an individual must be employed by a public agency or by a private sector employer with 50 or more employees engaged in or affecting interstate commerce.

An employer can require reasonable documentation of the need for FMLA leave, but cannot deny time off. There are also reasonable notice requirements which can be waived in an emergency. Ordinarily, an employee is restored to the same position as before leave, and the employer is required to maintain health insurance on the same terms as prior to the leave.

If the situation arises where a railroader is injured and his or her spouse needs to take time off to care for them, it is now a Federal law that these larger employers give certain employees time off to care for their loved one. This law is enforced by the Wage and Hour Division of the U.S. Department of Labor. For more information, contact your local Department of Labor Wage and Hour Division.

Back to Winter 1999 Journal

© 2000 Brotherhood of Locomotive Engineers