HomeMy WebLinkAboutFamily & Medical Leave Act - Employee Rights & Responsibilities
EMPLOYEE RIGHTS AND RESPONSIBILITIES
UNDER THE FAMILY AND MEDICAL LEAVE ACT
Use of Leave
Basic Leave Entitlement
An employee does not need to use this leave entitlement in one block. Leave
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-
can be taken intermittently or on a reduced leave schedule when medically
protected leave to eligible employees for the following reasons:
necessary. Employees must make reasonable efforts to schedule leave for
For incapacity due to pregnancy, prenatal medical care or child birth;
planned medical treatment so as not to unduly disrupt the employer’s
To care for the employee’s child after birth, or placement for adoption
operations. Leave due to qualifying exigencies may also be taken on an
or foster care;
intermittent basis.
To care for the employee’s spouse, son or daughter, or parent, who has
a serious health condition; or
Substitution of Paid Leave for Unpaid Leave
For a serious health condition that makes the employee unable to
Employees may choose or employers may require use of accrued paid leave
perform the employee’s job.
while taking FMLA leave. In order to use paid leave for FMLA leave,
employees must comply with the employer’s normal paid leave policies.
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or
Employee Responsibilities
call to active duty status in the National Guard or Reserves in support of a
Employees must provide 30 days advance notice of the need to take FMLA
contingency operation may use their 12-week leave entitlement to address
leave when the need is foreseeable. When 30 days notice is not possible, the
certain qualifying exigencies. Qualifying exigencies may include attending
employee must provide notice as soon as practicable and generally must
certain military events, arranging for alternative childcare, addressing certain
comply with an employer’s normal call-in procedures.
financial and legal arrangements, attending certain counseling sessions, and
attending post-deployment reintegration briefings.
Employees must provide sufficient information for the employer to
determine if the leave may qualify for FMLA protection and the anticipated
FMLA also includes a special leave entitlement that permits eligible
timing and duration of the leave. Sufficient information may include that the
employees to take up to 26 weeks of leave to care for a covered
employee is unable to perform job functions, the family member is unable to
servicemember during a single 12-month period. A covered servicemember
perform daily activities, the need for hospitalization or continuing treatment
is a current member of the Armed Forces, including a member of the
by a health care provider, or circumstances supporting the need for military
National Guard or Reserves, who has a serious injury or illness incurred in
family leave. Employees also must inform the employer if the requested
the line of duty on active duty that may render the servicemember medically
leave is for a reason for which FMLA leave was previously taken or certified.
unfit to perform his or her duties for which the servicemember is undergoing
Employees also may be required to provide a certification and periodic
medicaltreatment, recuperation, or therapy; or is in outpatient status; or is on
recertification supporting the need for leave.
the temporary disability retired list.
Employer Responsibilities
Benefits and Protections
Covered employers must inform employees requesting leave whether they
During FMLA leave, the employer must maintain the employee’s health
are eligible under FMLA. If they are, the notice must specify any additional
coverage under any “group health plan” on the same terms as if the employee
information required as well as the employees’ rights and responsibilities. If
had continued to work. Upon return from FMLA leave, most employees
they are not eligible, the employer must provide a reason for the ineligibility.
must be restored to their original or equivalent positions with equivalent pay,
benefits, and other employment terms.
Covered employers must inform employees if leave will be designated as
FMLA-protected and the amount of leave counted against the employee’s
Use of FMLA leave cannot result in the loss of any employment benefit that
leave entitlement. If the employer determines that the leave is not FMLA-
accrued prior to the start of an employee’s leave.
protected, the employer must notify the employee.
Eligibility Requirements
Unlawful Acts by Employers
Employees are eligible if they have worked for a covered employer for at
FMLA makes it unlawful for any employer to:
least one year, for 1,250 hours over the previous 12 months, and if at least 50
Interfere with, restrain, or deny the exercise of any right provided under
employees are employed by the employer within 75 miles.
FMLA;
Discharge or discriminate against any person for opposing any practice
Definition of Serious Health Condition
made unlawful by FMLA or for involvement in any proceeding under
A serious health condition is an illness, injury, impairment, or physical or
or relating to FMLA.
mental condition that involves either an overnight stay in a medical care
facility, or continuing treatment by a health care provider for a condition that
Enforcement
either prevents the employee from performing the functions of the
An employee may file a complaint with the U.S. Department of Labor or
employee’s job, or prevents the qualified family member from participating
may bring a private lawsuit against an employer.
in school or other daily activities.
FMLA does not affect any Federal or State law prohibiting discrimination, or
Subject to certain conditions, the continuing treatment requirement may be
supersede any State or local law or collective bargaining agreement which
met by a period of incapacity of more than 3 consecutive calendar days
provides greater family or medical leave rights.
combined with at least two visits to a health care provider or one visit and a
regimen of continuing treatment, or incapacity due to pregnancy, or
FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered
incapacity due to a chronic condition. Other conditions may meet the
employers to post the text of this notice. Regulations 29
definition of continuing treatment.
C.F.R. § 825.300(a) may require additional disclosures.
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Foradditional information:
1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOV
U.S. Department of Labor | Employment Standards Administration | Wage and Hour Division
WHD Publication 1420 Revised January 2009