Discrimination and FMLA rights

The following is presented only as a guide to the federal Family and Medical Leave Act (FMLA). State laws may also affect your eligibility and rights. Consult the Department of Labor in your state for more specific information. The National Psoriasis Foundation does not provide legal advice.

You are entitled to take up to 12 weeks of unpaid leave for three reasons:

  1. The birth or adoption of a child
  2. To care for a child, spouse, or parent with a serious health condition; and
  3. If you have a serious health condition. A serious health condition includes chronic conditions that require periodic and continuing treatments, such as psoriasis and psoriatic arthritis.

FMLA leave may be taken on an intermittent basis if medically necessary. Your employer cannot require you to take more time off than is medically necessary.

While on leave, your employer must maintain your benefits, but you must continue to pay your portion.

You retain the right to return to the same or equivalent position, pay and benefits upon returning from leave. The law protects people from retaliation for raising these issues or taking this leave.

FMLA eligibility

You are "eligible" to take FMLA leave if:

  1. You have worked for the same employer for at least 12 months (they do not have to be consecutive) and have worked at least 1,250 hours in the past year; and
  2. Your employer employs 50 or more employees within 75 miles of your worksite; and
  3. You provide 30 day advance notice to your employer for foreseeable events (such as a phototherapy appointment). Your employer may require medical certification (see link below) of the serious health condition and the necessity of leave.

Additional resources: