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Overview of the Family Leave Law
To many employers and employees, the Family and Medical Leave Act (FMLA)—which was enacted back in 1993—remains a mystery. There still is a great deal of confusion about this significant workplace law. Here is a brief summary of some of the key provisions of the FMLA. In essence, the law permits eligible employees to take up to 12 weeks of unpaid leave from work for the birth or adoption of a child, for reasons relating to their medical conditions or to care for another family member. An eligible employee maintains benefits during the leave period, but must continue to pay the required employee portion for such benefits. The employee also has the right to return to the same or equivalent position, pay and benefits at the conclusion of the leave. Eligible employees: An eligible employee is someone who has been employed by the business for at least 12 months and who has worked at least 1,250 hours during that period. This rule applies if the business has 50 or more employees within 75 miles of the worksite. Employee notification: The employee must provide 30-day advance notice for foreseeable events. This includes scheduled surgery and the adoption or birth of a child. The employer is allowed to delay the leave if the employee fails to provide the requisite 30-day notice. Proof of condition: The employer may request that the employee obtain certification from a health care provider in order for the employee to take a medical leave. Upon completion of a leave for the employee’s own medical condition, the employer may require that the employee obtain a certification of fitness to return to work. The employer can delay the start of FMLA for 30 days if the employee does not provide advance notice or proper certification. Employer notification: An employer must give an employee requesting FMLA written notice, within two business days, if the employee is not eligible for FMLA. If the employer does not respond to a leave request within two business days, the employee is eligible to take the leave. Consecutive weeks: The employee does not have to take the leave in consecutive weeks. Instead, the employee may take 12 weeks off during any 12-month period. The leave may be taken on an intermittent basis. For instance, an employee might switch to part-time status until the equivalent of 12 weeks has been used. Display of notice: Employers covered by the FMLA must display a notice outlining the law’s provisions. The notice must be displayed in a conspicuous place whether or not the employer currently has any eligible employees. Of course, this is only a general overview of some of the provisions of the FMLA. If you have additional questions or concerns about your personal situation, consult with a legal and/or business adviser. |
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