3.0411.05 ADVANCE NOTICE MEDICAL CERTIFICATION Issue Date: 9/12/96 Updated: 11/14/19
The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met. The employee ordinarily must provide 30 days advance notice when the leave is “foreseeable”. An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.
3.0411.06 JOB BENEFITS AND PROTECTION Issue Date: 9/12/96 Updated: 11/14/19
1. For the duration of FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.” 2. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. 3. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
3.0411.07 UNLAWFUL ACTS BY EMPLOYERS Issue Date: 9/12/96 Updated: 11/14/19 FMLA makes it unlawful for any employer to:
1. Interfere with, restrain, or deny the exercise of any right provided under FMLA 2. Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA
3.0411.08 ENFORCEMENT Issue Date: 9/12/96 Updated: 11/14/19
1. The U.S. Department of Labor is authorized to investigate and resolve complaints of violation. 2. An eligible employee may bring a civil action against an employer for violations. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
3.0411.09 ADDITIONAL INFORMATION
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