LLEEGGAALL NNOOTTI ICCEESS
FAMILY MEDICAL LEAVE ACT (FMLA)
Family Medical Leave Act (FMLA) Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons: • The birth of a child or placement of a child for adoption or foster care; • To bond with a child (leave must be taken within one year of the child’s birth or placement); • To care for the employee’s spouse, child, or parent who has a qualifying serious health condition; • For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job; • For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse,child,orparent. An eligible employee who is a covered servicemember’s spouse,child,parent, ornext ofkinmayalsotake up to 26 weeksofFMLA leavein a single 12-month period to care for the servicememberwith a serious injury or illness. Benefits & Protections An employee does not need to use leave in one block. When it is medicallynecessaryor otherwise permitted, employeesmaytake leave intermittently or on a reduced schedule.
Employees maychoose, or an employer mayrequire, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leaveforFMLAleave, the employeemustcomplywith the employer’s normal paid leave policies.
Whileemployees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.
Upon return from FMLA leave, mostemployees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.
An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.
Eligibility Requirements An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must: • Have worked for the employerfor at least 12 months; • Have at least 1,250 hours of servicein the 12 monthsbefore taking leave;*and • Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite. *Special “hours of service” requirements apply to airline flight crew employees.
Generally, employees must give 30- days’ advance notice of the need for FMLA leave. If it is not possible to give 30- days’ notice, an employee mustnotify the employeras soon as possibleand, generally, followthe employer’s usual procedures.
Employees do not have to share a medicaldiagnosis but mustprovide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees mustinform the employer if the need for leave is for a reason for which FMLA leave was previouslytaken or certified.
Employers can require a certificationor periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete,it mustprovide a written notice indicating what additional information is required.
Employer Responsibilities Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible,mustalso provide a notice of rightsand responsibilitiesunder the FMLA. If the employee is not eligible, the employer mustprovide a reason for ineligibility.
Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.
Enforcement Employees mayfile a complaintwith the U.S. Departmentof Labor, Wageand Hour Division, or maybring a private lawsuit against an employer.
The FMLA does not affect any federal or state law prohibiting discriminationor supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.
BENEFITS GUIDE
LEGAL NOTICES - FMLA I 48
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