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The Family Medical Leave Act (FMLA)
was passed in 1993 to help provide job security to employees who
need leave due to family emergencies.
Eligibility:
· To
be eligible for FMLA leave an employee must have worked for the
employer for at least 12 months for at least 1,250 hours of
services during the previous 12-month period.
·
The employer must employ at least 50 employees at any location
within 75 miles of where the employee needing FMLA works.
FMLA Leave entitles an employee
to a total of 12 workweeks of
unpaid leave during any
12 month period for one or more of the following:
· The
birth of a son or daughter of the employee and in order to care
for the newborn son or daughter;
· The
placement of a son or daughter with the employee for adoption or
foster care;
· The
employee must need the leave for to care a parent, child or
spouse with a serious health condition;
· The
employee because of a serious health condition is unable to
perform the functions of his or her employment position.
· A
serious health condition is considered an illness, injury,
impairment or physical or mental condition that involves either
inpatient care in a hospital, hospice, or residential medical
care facility; or continuing treatment by a health care
provider;
Notice
Requirement: An
employee is required to give an employer notice for
FORESEEABLE
leave needs.
·
If the need for leave is due to the birth or adoption of a child
the employee is required to provide the employer with no less
than 30 days notice before the leave is to begin, or the
employee’s intention to take leave for those reasons, if the
date of the birth or placement requires leave to begin in less
than 30 days then the employee must provide REASONABLE NOTICE.
·
If the need for leave is a result of the need for treatment of a
serious health condition of either the employee, a parent, child
or spouse and is FORESEEABLE, the employee
·
Must make a reasonable effort to schedule the treatment so as
not to disrupt the employers business operations, subject to the
approval of the healthcare provider of the employee, parent,
child or spouse, as is appropriate; and
·
Must provide the employer with not less than 30 days notice
before the date the leave is to begin, or the employee’s
intention to take leave, unless the treatment requires leave to
being in less than 30 days then the employee must provide
REASONABLE NOTICE.
Certification:
An employer may require
that a request for leave be supported by a certification signed
by the health care provider of the employee or the health care
provider of the employee’s parent, spouse or child. The
certification must be provided in a timely manner to the
employer.
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