The Facts

• There are two separate employment laws that deal with the issue of medical leave for non-citizens. The first is the Family Medical Leave Act of 1993. According to the United States Department of Labor, which oversees FMLA claims and complaints, the act allows for up to 12 weeks of unpaid, job-protected leave per year to allow the employee to deal with a serious health issue.
  
  The other law that pertains to legal permanent residents is the Equal Employment Opportunity Act of 1972. This act ensures that all employees or applicants for employment are treated equally under the law, without regard to race, religion, color, national origin or sex. This law ensures fair treatment in hiring, promotion, training and all other personnel actions.
  
  Therefore, any employee who meets the eligibility requirements can receive FMLA benefits. Citizenship or immigration status is irrelevant when it comes to deciding who is eligible for FMLA benefits.
  
  

Coverage

• To be eligible for FMLA, an employee must work for a public sector agency, a public or private elementary school or a company with 50 or more employees within 75 miles. Also, the employee must have been employed by the company for at least 12 months and must have worked at least 1,250 hours within that time.
  
  

Reasons

• FMLAOnline.com states that for the act to apply, the employee must suffer from a serious health condition that prevents him from doing his job, or need time off to care for a family member with a serious illness. Conditions covered by the act include: pregnancy, prenatal complications or the adoption or fostering of a child; chronic conditions, such as diabetes or epilepsy; long-term conditions like Alzheimer's Disease or cancer; or hospitalization or inpatient surgery.
  
  Currently, the list of covered relatives includes a son, daughter, spouse or parent. Stepchildren and adopted children are also included in this definition if the parent requesting the leave is finanically responsible for the child and/or supervises him on a day-to-day basis. As of July 2010, domestic partners are not covered under the act.
  
  

Process

• To apply for leave under FMLA, the employee must have a certification form completed by a health care professional that certifies the serious health condition, as well as an FMLA notification form, which must legally be provided to the employee within two days of a request. Also, if the leave is “forseeable,” meaning the employee had advance knowledge of the illness or condition, she must provide the employer with 30 days notice prior to the start of the leave.
  
  

Filing a Complaint

• Although the act is intended to protect both employees and businesses, it may sometimes be unclear whether or not a particular situation falls under FMLA. Factors like race, religion or citizenship status should not be taken into account in any employment-related decision, including FMLA eligibility. If you feel that your request was unfairly denied, you can file a complaint with the U.S. Department of Labor or consult a legal professional.