Family and Medical Leave Act (FMLA)

Question 1

Family and Medical Leave Act (FMLA)

Answer 1

The Family and Medical Leave Act (FMLA), enacted in 1993, establishes policies that provide eligible employees with unpaid, job-protected leave for specified family and medical reasons. Below is a detailed outline of all its policies:

Question 2

Coverage applies to employers

Answer 2

• With 50 or more employees working within a 75-mile radius.
  
  • Includes public agencies (local, state, federal government) and schools, regardless of the number of employees.

Question 3

Eligibility, To qualify for FMLA leave, an employee must:

Answer 3

• Work for a covered employer.
• Have worked at least 12 months (not necessarily consecutive).
• Have worked at least 1,250 hours during the 12 months before the start of leave.
• Work at a location where the employer has at least 50 employees within 75 miles.

Question 4

Leave Entitlement

Answer 4

Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for qualified reasons

Question 5

Leave Entitlement Family or Medical

Answer 5

• Birth of a child and care for the newborn.
  
  • Placement of a child for adoption or foster care and care for the newly placed child.
  • To care for a spouse, child, or parent with a serious health condition.
  • For the employee’s own serious health condition that makes them unable to perform their job.

Question 6

Leave Entitlement: Military Family Leave (Qualifying Exigency Leave):

Answer 6

• For certain urgent needs arising from a family member’s active duty or call to active duty.

Question 7

Leave Entitlement: Military Caregiver Leave

Answer 7

• Provides up to 26 weeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.

Question 8

Serious Health Condition:

Answer 8

• Illness, injury, impairment, or condition involving inpatient care or continuing treatment by a healthcare provider.

Question 9

Covered Family Members:

Answer 9

• Spouse, child (biological, adopted, foster, step, or legal ward under 18 or incapable of self-care), and parents.

Question 10

Leave Calculation

Answer 10

Employers may calculate the 12-month period in four ways:
1. Calendar Year: January 1 to December 31.
2. Fixed Year: A specific 12-month period (e.g., fiscal year).
3. Rolling Forward: 12 months starting on the first day of leave.
4. Rolling Backward: 12 months measured backward from the date leave is used.

Question 11

Employee Rights: Job Protection

Answer 11

• Employees must be restored to their original job or an equivalent position upon return.
  
  • The position must have the same pay, benefits, and working conditions.

Question 12

Employee Rights: Continuation of Benefits

Answer 12

• Employers must maintain group health insurance during FMLA leave under the same terms as if the employee were working.

Question 13

Employee Rights: Intermittent Leave

Answer 13

• Employees can take leave in blocks of time or reduce their work schedule, if medically necessary.

Question 14

Employee Rights: Notice Requirements

Answer 14

• Employees must provide 30 days’ advance notice when the need for leave is foreseeable.
  
  • If the need is not foreseeable, employees must notify the employer as soon as practicable.

Question 15

Employee Rights

Answer 15

1. Job Protection:
   
   • Employees must be restored to their original job or an equivalent position upon return.
   • The position must have the same pay, benefits, and working conditions.
2. Continuation of Benefits:
   
   • Employers must maintain group health insurance during FMLA leave under the same terms as if the employee were working.
3. Intermittent Leave:
   
   • Employees can take leave in blocks of time or reduce their work schedule, if medically necessary.
4. Notice Requirements:
   
   • Employees must provide 30 days’ advance notice when the need for leave is foreseeable.
   • If the need is not foreseeable, employees must notify the employer as soon as practicable.

Question 16

Employer Obligations

Answer 16

1. Policy Updates:
   
   • Employers must outline FMLA policies in their employee handbook.
   • Notify employees of their rights and responsibilities under the FMLA.
2. Notice Requirements:
   
   • Employers must display the FMLA Poster in a conspicuous place.
3. Response to Requests:
   
   • Employers must notify employees within 5 business days of their eligibility for FMLA leave.
   • Provide a written rights and responsibilities notice and designation notice.
4. Medical Certification:
   
   • Employers may require a medical certification from a healthcare provider to support the need for leave.

Question 17

Employer Obligations: Policy Updates

Answer 17

• Employers must outline FMLA policies in their employee handbook.
  
  • Notify employees of their rights and responsibilities under the FMLA.

Question 18

Employer Obligations: Notice Requirements

Answer 18

• Employers must display the FMLA Poster in a conspicuous place.

Question 19

Employer Obligations: Response to Request

Answer 19

• Employers must notify employees within 5 business days of their eligibility for FMLA leave.
  
  • Provide a written rights and responsibilities notice and designation notice.

Question 20

Employer Obligations: Medical Certification

Answer 20

• Employers may require a medical certification from a healthcare provider to support the need for leave.

Question 21

Protections Against Retaliation

Answer 21

• Employers are prohibited from:
  
  • Interfering with, restraining, or denying the exercise of FMLA rights.
  • Retaliating against employees for taking or requesting FMLA leave.

Question 22

Employee Notice Requirements

Answer 22

1. Advance Notice:
   
   • Provide at least 30 days’ notice if the need for leave is foreseeable (e.g., scheduled surgery or childbirth).
   • If unforeseeable, provide notice as soon as
     practicable (typically within 1-2 business days of learning of the need for leave).
2. Information Provided:
   
   • Include sufficient details for the employer to determine FMLA eligibility, such as:
     
     • The reason for the leave.
     • Expected duration of leave.
     • Whether leave is intermittent or continuous.

Question 23

Employer Documentation Requirements

Answer 23

Employers may require employees to:
1. Medical Certification:
* A healthcare provider must certify the serious health condition of the employee or their family member.

2. Certification for Military Leave:
   
   • Proof of a family member’s military service or injury/illness may be required.

Question 24

Undue Hardship and Alternative Leave

Answer 24

FMLA does not require employers to accommodate requests if the employee or employer is not eligible. In these cases, employers may offer:
* Non-FMLA leave policies or paid leave options.
* Modified work schedules or reduced work hours based on company policy.