Family and Medical Leave (FMLA) – continued Exigency leave was up to 12 weeks of leave for urgent needs related to a reservist family member’s (spouse, son, daughter, or parent) call to active service and was only available for covered military members in the Reserves or National Guard. Qualifying exigency leave has been expanded to include family members of active-duty service members and cover members of the regular Armed Forces who are deployed to a foreign country. The legislation also extends qualifying exigency leave to federal employees covered by Title II of the FMLA, who previously did not have the right to take exigency leave. Caregiver leave was up to 26 weeks of leave for an employee to care for a family member (spouse, son, daughter, parent, or next of kin) who was a current member of the Armed Forces, Guard or Reserves, who was injured while serving on active military duty. Qualifying military caregiver leave has been expanded to cover veterans who served in the regular Armed Forces who are undergoing medical treatment, recuperation or therapy for a serious injury or illness that occurred any time during the five years preceding the date of treatment. Military caregiver leave is also expanded to cover aggravation of existing or preexisting injuries incurred in the line of duty while on active duty previously excluded as a basis for taking military caregiver leave. Only where the serious injury or illness rises to the level of a subsequent injury or illness will an employee be entitled to take military caregiver leave for the same covered service member. Procedure for Requesting Leave In all cases, an employee requesting leave must complete an “Application for Family and Medical Leave” and return it to his or her supervisor. The completed application must state the reason for the leave, the duration of the leave, and the starting and ending dates of the leave. An employee intending to take family or medical leave because of an expected birth or placement, or because of a planned medical treatment, must submit an application for leave at least 30 days before the leave is to begin. If leave is to begin within 30 days, an employee must give notice to his or her supervisor as soon as the necessity for the leave arises. Medical Certification An application for leave based on the serious health condition of the employee or the employee’s spouse, child, or parent must also be accompanied by a “Medical Certification Statement” completed by a health care provider. The certification must state the date on which the health condition commenced, the probable duration of the condition, and the appropriate medical facts regarding the condition. If the employee is needed to care for a spouse, child, or parent, the certification must so state, along with an estimate of the amount of time the employee will be needed.
17 Auto-Wares Group of Companies Handbook
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