H U M A N R E S O U R C E S
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FML Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
• For incapacity due to pregnancy, prenatal medical care or child birth;
• 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; or
• For a serious health condition that makes the employee unable to perform the employee’s job.
Military Family Leave Entitlements - Eligible employees whose spouse, son, daughter, or parent is on covered active duty or call to active
duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying
exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal
arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered
servicemember during a single 12-month period. A covered servicemember is: 1) a current member of the Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status,
or is otherwise on the temporary disability retired list, for a serious injury or illness*; or 2) a veteran who was discharged or released under
conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to
care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*
*The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of
“serious health condition”.
Benefits and Protections - During FMLA leave, the employer must maintain the employee’s health coverage under any “group health
plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to
their original or equivalent positions with equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
Eligibility Requirements - Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over
the previous 12 months*, and if at least 50 employees are employed by the employer within 75 miles.
*Special hours of service eligibility requirements apply to airline flight crew employees.
Definition of Serious Health Condition - A serious health condition is an illness, injury, impairment, or physical or 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 either
prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in
school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive
calendar days 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 incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave - An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced
leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not
to unduly disrupt the employer’s operati
ons. Leave due to qualifying exigencies may also be taken on an intermittent basis. Substitution of Paid Leave for Unpaid Leave - Employees may choose or employers may require use of accrued paid leave while taking
FMLA leave. In order to use paid lea
ve f
or FMLA leave, employees must comply with the employer’s normal paid leave policies. Employee Responsibilities - Employees must provide 30 days advance notice of the need to take FMLA leave when the need is
foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an
employer’s normal call-in procedures.
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the
anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the
family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or
circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason
for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic
recertification supporting the need for leave.
Employer Responsibilities - Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they
are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible,
the employer must provide a reason for the ineligibility.
Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the
employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
Unlawful Acts by Employers - FMLA makes it unlawful for any employer to:
• Interfere with, restrain, or deny the exercise of any right provided under FMLA; and
• 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 - An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining
agreement which provides greater family or medical leave rights.