Worker's Compensation
Family & Medical Leave Act
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Know Your Rights: Family
and Medical Leave Act
The Family and Medical Leave Act (FMLA) requires
covered employers to provide up to 12 weeks of unpaid, job-protected leave
to "eligible" employees for certain family and medical reasons.
Employees are eligible if they have worked for a covered employer for at
least one year, and for 1,250 hours over the previous 12 months, and if
there are at least 50 employees within 75 miles.
Reasons for Taking Leave
Unpaid leave must be granted for any of the following reasons:
- to care for the employee's child after birth, or placement for adoption
or foster care;
- to care for the employee's spouse, son or daughter, or parent, who
has a serious health condition;
- for a serious health condition that make the employee unable to
perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave may
be substituted for unpaid leave.
Advance Notice and Medical Certification
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.
Job Benefits and Protection
- For the duration of FMLA leave, the
employer must maintain the employee's health coverage under any "group
health plan."
- Upon return from FMLA leave, most employees
must be restored to their original or equivalent positions with equivalent
pay, benefits, and other employment terms.
- 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.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
- interfere with, restrain, or deny the exercise or right provided
under FMLA;
- 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.
Enforcement
- The U.S. Department of Labor is authorized to investigate and resolve
complaints of violations.
- 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 that provides greater family or medical
leave rights.
Source: U.S. Department of Labor, Employment Standards
Administration. |
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