In this economy, anyone with a job wants to keep it.  But a viewer called us concerned.  She took time off for the birth of her child, and lost her job while she was away.  She had questions. The answers and advice to protect yourself if you need to take medical leave, in tonight's Fact Finder Report. 

     Most us need to work to support ourselves and our family, but what happens if you get sick and can't work?  Attorney Gerald Chefalo says you do have options.  "The Family Medical Leave Act was designed to balance the needs of working professionals and their health needs and personal concerns, but also help their employer know what's going on."

     In addition to what your employer may choose to offer, the FMLA will provide a qualifying person with 12 weeks of unpaid leave.  During that time, the employer is required to maintain your health benefits and keep your job available to you so you can return at the same scale.

     Here's something important to remember, the FMLA is only required for companies with more than 50 employees and all government entities.  So smaller companies are not covered, and neither are all medical conditions.  

     Chefalo says, "The combining of conditions happens many times with pregnancies.  A pregnancy alone, where you are otherwise able to do you job requirements wouldn't be enough of a reason to try and use the Family Medical Leave Act.  But if when you're pregnant you have certain a serious condition that arises or you are unable to do the physical requirements of your job and your doctor is going to agree with that and put it in writing, you would then turn that into your employer, that combined with your condition would allow you to use Family Medical Leave."

     Chefalo says, “The most important thing you can do is do your homework ahead of time, and know your company's policies and your rights before you need them.

     He says, "If the Family Medical Leave applies to your situation then you cannot be fired just because you have properly utilized the Family Medical Leave Act.  So you've got to follow the proper procedure and notification to ensure your job will be there when you get back."

     So what do you think about this?  Does the Family Medical Leave Act go far enough?  Should employers do more to hold jobs for workers with health issues, or in this economy, should employers give the job to someone else who needs the work? 

     Share your thoughts below.