Family and Medical Leave Act (FMLA)
What is the Family and Medical Leave Act?
The Family and Medical Leave Act of 1993 (FMLA) is a federal law that requires companies to grant eligible employees up to 12 weeks of FMLA job-protected leave per year for specified medical reasons. It was created as a way of providing employees with a means of coping with the challenging demands of family and home.
Are all business required to adhere to FMLA?
No. The law applies only to companies that employ more than 50 people within 75-miles of the employee's worksite. If your company doesn't meet these conditions, they do not have to provide leave under the FMLA.
How do I qualify for Family Medical Leave?
To be eligible, you must have worked for the employer for at least one year and must have worked at least 1,250 hours (an average of 25 hours a week) during the previous 12-month period. An employer may deny leave to any key employee who receives a salary in the top 10% of the workforce and whose leave-taking would cause economic harm to the employer.
How much leave am I entitled to under FMLA?
If you are an eligible employee, you are entitled to 12 weeks of leave for certain family and medical reasons during a 12-month period.
Under what circumstances may I use FMLA leave?
FMLA leave is available to you if you are certified as having a health condition as defined under the FMLA and meet the eligibility criteria. You may also use FMLA leave if an immediate family member (spouse, child, or parent) has a health condition and needs your care. Family Medical Leave qualifying events include the birth or adoption of a child, a serious health condition of an immediate family member, or one's own serious health condition.
What types of illnesses qualify for leave under FMLA?
Any illness, injury, impairment, or physical or mental condition that involves the following criteria qualifies for leave under FMLA, provided eligibility requirements are met:
- Any period of incapacity requiring absence from work for more than three continuous days with continuing treatment by a health care provider;
- Continuing treatment by a health care provider for a chronic health condition; or
- Any period of incapacity connected with inpatient care or overnight stay in a hospital or residential medical-care facility
Who qualifies as "family"?
Your spouse, children (son or daughter), and parents are immediate family members for the purposes of FMLA. The term "parent" does not include a parent-in-law. The terms "son or daughter" do not include individuals age 18 or over unless they are "incapable of self-care" because of a mental or physical disability.
Can I use FMLA more than once? Is the 12 weeks yearly?
All leave eligible under FMLA may be used more than once per year. It may also be used for different and separate medical conditions. In no case, however, may an employee be granted more than 12 weeks of FMLA leave in one year.
How does FMLA benefit me?
The following benefits will apply if you qualify for leave under FMLA:
- 12 weeks of job-protected leave per year
- Maintenance of health care benefits
- Job restoration upon return from FMLA leave
Is Family Medical Leave paid or unpaid?
During the time that you are on leave for a FMLA reason, you must exhaust all applicable sick leave and vacation. Once that is exhausted, you will be placed on Leave Without Pay for the remainder of the 12 weeks.
Can my employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If you have to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.
Can my employer count time on maternity leave or pregnancy disability as FMLA leave?
Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the 12 weeks of leave so long as your employer properly notifies you in writing of the designation.
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