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Get familiar with FMLA's conditions
before taking leave

By Elaine Varelas, Globe Correspondent, 11/17/02

Need advice about managing your career or your workplace? The Job Doc can help. Our specialists can answer your questions on topics ranging from career transitions to management issues. E-mail queries to jobdoc@globe.com, or send letters to Job Doc, c/o the Boston Globe, P.O. Box 2378, Boston, MA 02107-2378. Letters may be edited for clarity and length.

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Help! I'm going to apply for a leave of absence because my mother's health is getting bad and I want to return home to look after her. My hometown is not in the United States, and my few vacation days are not long enough to make the international trip. My concern is that if I take a leave of absence for a month, my employer may terminate my employment before I come back. Is it legal for my employer to do that? What should I do if it happens? Am I eligible for state unemployment benefits if my employment is terminated while I am away or terminated if my leave of absence exceeds the one-month term? Is my decision on a leave of absence risky?

Dealing with serious family issues can be a challenge for all working people, and their organizations. The Family and Medical Leave Act (FMLA) may give you some time to deal with your mother's health issues.

According to Maura Murphy, a director at the law firm of Rackemann, Sawyer and Brewster in Boston, you may be eligible for unpaid leave (but with continued health insurance benefits) under FMLA, which requires certain employers to permit their employees to take up to 12 weeks of leave in any 12-month period to care for a sick family member. However, your eligibility for FMLA leave will depend upon a number of factors.

First, the FMLA will only apply if your employer is a private organization that employed at least 50 employees during any 20 weeks in the current or preceding calendar year, or is a public agency. In addition, for you to be eligible for leave, 50 or more of your employer's employees must work at or within 75 miles of your work site. Second, you will only be eligible for FMLA leave if you have worked for your employer for at least 12 months (consecutive or not) and you have worked 1,250 hours during the 12 months immediately preceding the leave. Finally, you are entitled to leave only if your mother's illness constitutes a ''serious health condition.''

If all of the above conditions are satisfied, your employer is required to permit you to take up to a total of 12 weeks of FMLA leave (which may be nonconsecutive under certain circumstances) in any 12-month period and must restore you to the same or an equivalent position after the expiration of your leave. Under certain limited circumstances, employers can deny reinstatement to highly compensated employees.

There are many other factors to determine FMLA eligibility and, unfortunately, I don't have enough space here to list them all. Before applying for a leave, I strongly caution you to learn more about your rights, including FMLA, your organization's policy on leaves of absence (written and unwritten), and the required notice (FMLA, for example, requires you give a 30-day notice unless the leave is unforeseeable, which doesn't seem to be your case).

Murphy adds, ''Most employers are aware of their FMLA obligations and are prepared to honor them. However, if your employer refuses to allow you to take leave or retaliates against you for taking leave, you can file a complaint with the Wage and Hour Division of the US Department of Labor or file a lawsuit against both the company and the individual who violated the FMLA. If you resign in order to care for your mother, or are terminated as a result of taking ineligible leave, you may qualify for unemployment compensation, since employees who resign for compelling personal reasons are eligible for benefits.''

Finally, letting your employer know how much you value your current position, and how committed you are to the organization can never hurt. It may help deliver the message that your intentions are to return to the job.

Tired of being a layoff victim

I've had it! I've been downsized four times in the last eight years, and the outlook for my industry is more of the same. I'm not moving overseas where all the jobs seem to have gone, and I need to work for the next 15 years. Where do I start?

You aren't alone in your plight. There are many people who have been affected by a reduction in force more than once, and keeping an eye on the viability of your industry is good career planning.

There are a number of organizations designed to support you, not only in a job search but a career search - a process designed to help you evaluate your opportunities in the world of work.

Some of these organizations may be private career management or outplacement firms hired, and paid for, by the organization you are leaving. Take advantage of these services if they are offered to you. Additionally, there are a number of no- and low-cost alternatives with the same or similar focus.

One of the most broad reaching is the Commonwealth Corp. (www.commcorp.org), an organization with a number of related support agencies including Rapid Response and the One-Stop Career Centers, a network of 35 offices throughout Massachusetts providing employment related services, including retraining.

I have worked with the Rapid Response team in a number of situations and can attest to the value of their services. And, as Ken Messina, director of Statewide Rapid Response, points out, ''Most services are available at no charge, participation is voluntary, and should not affect your unemployment benefits.''

If you lost your job as a result of increased foreign competition, you may be eligible for retraining dollars for use in approved programs. As with most budgets, these allocations have recently been cut. However, you may still be eligible for these services.

Other no- or low-cost support organizations include the Jewish Vocational Service (www.jvs-boston.org), Operation A.B.L.E. (www.operationable.net), Massachusetts Department of Employment and Training (www.detma.org), The Workplace (http://theworkplace.tripod.com), and the Urban League (www.ulem.org ).

Running business affects UI benefits

I was a software developer/QA manager who got laid off and have decided to start my own business. I already made myself knowledgeable on the necessary steps to set up a small business, and I've started development work on the products. Now the question arises, what action would affect my eligibility for unemployment benefits?

Is it to register a business name or incorporate? Is it to start looking for contract work (rather than employment)? Or is it to work for my own corporation, developing the product, setting up marketing material, etc.? Or does all that not matter, as long as I'm available and searching for employment? If the job is right, I'd be willing/interested to accept a regular job and build the business on the side, until the product is mature enough to draw revenue and requests for consulting around it.

Congratulations on taking the entrepreneurial leap. It sounds like you have taken the right steps to get your business started, but by doing so, you may be jeopardizing your unemployment compensation eligibility.

According to the Department of Employment and Training spokeswoman Linnea Walsh, ''There are three factors that come into play when determining continuing eligibility for unemployment insurance: First, a person must be able to perform other full-time work even while devoting their efforts to launching their business. The key is whether or not they can perform work relating to the start-up so as not to interfere with their ability to work in a regular full-time job.

''Second, they must be available for full-time work. This sounds like the same as the previous item, but actually, availability relates to the schedule of hours and the work in a given occupation. An individual can't spend their time 9 to 5, Monday through Friday, getting their own business up and running and claim availability for full-time work during evenings and on weekends. People have to be available to perform full-time work during the shifts when such work is typically available. Finally, you must be conducting an active search for work that would lead to employment.''

You might find it useful to review the information on the DET Web site (www.detma.org) or talk to one of their TeleClaim Center representatives at 877-626-6800. Other helpful resources include the Entrepreneurial Training Center, a part of Commonwealth Corp. (www.commcorp.org), and the Small Business Association of New England (www.sbane.com).

Strong answer for an interview query

During interviews I always stumble on the question, ''What are your weaknesses?'' I know I am far from perfect, but how do I give a real answer without highlighting potential problem areas?

The good thing about interviews is that many questions can be anticipated. The bad news is that this question often is one of them.

Many people ignore the preparation needed for this question hoping they will become eloquent when the time comes. It's good to see you know better, and are working out your answer prior to the ''heat of the moment.''

Interviewers know no one is perfect, and they are trying to ascertain a number of things about you. The first is that you know you aren't perfect. You would be surprised to hear how many people will say they don't have any job related weaknesses, or they can't think of any at the moment. It's not a good idea because you appear unrealistic or unprepared.

Truly being prepared would mean having two weaknesses ready to discuss. Your examples should be honest, business related - and most importantly, correctable. It's very helpful to choose weaknesses that you have already started to correct and to discuss the steps you are taking to correct them. If possible, use weaknesses that are not related to your most recent position.

A sample response might be ''Seven years ago, when I first joined XYZ Company, I realized I was having difficulty balancing my priorities. By making a list of tasks each day and prioritizing them A, B, C, etc., I was able to focus on the more critical items first. Now I take a planner with me and have developed the habit of reviewing my weekly schedule each morning and setting daily priorities.''

Make sure you have another answer prepared in case you are asked for a second example, but only offer this information if specifically asked for it. There is no need to unnecessarily point out additional problem areas. A final note, don't use the example above because you never know who else is reading this, too!

Elaine Varelas has over 20 years of career development experience and is currently managing partner of business development at Keystone Partners, a career-management firm headquartered in Boston. Reach her at evarelas@keystonepartners.net.

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