How
much leave am I entitled to under Family Medical
Leave Act (FMLA)?
If you are an eligible
employee ( if you have worked for at least a
year and have worked at least 1,250 hours in
the year leading up to the date you are taking
the leave), falling under the FMLA provision,
you are entitled to twelve weeks of leave for
birth and care of a child, the adoption of a
child or placement of a foster child in your
care, the care if your spouse, child, or parent
who has a serious health condition, or for your
own serious health conditions, if it makes you
unable to perform your job.
The law defines a serious health condition as
an illness, injury, impairment, or physical
or mental condition that involves inpatient
care or continuing treatment by a health care
provider.
How
is the 12-month period calculated under FMLA?
Employers may select one
of four options for determining the 12-month
period- the calendar year: any fixed 12-month
‘leave year’ such as a fiscal year,
a year required by state law, or a year starting
on employee’s anniversary date.
The 12 month period measured forward from the
date any employee’s first FMLA leave begins;
or a rolling 12-month period measured backward
from the date an employee uses for FMLA leave.
Is Family
Medical Leave paid for?
No, the law does not mandate
for paid leave, FMLA only requires unpaid leaves.
However, the law permits the employer to elect,
or the employer to require the employee, to
use accrued paid leave, such as vacation or
sick leave, for some or all of the FMLA leave
period. When paid leave is substituted for unpaid
FMLA leave, it may be counted against the 12-week
FMLA leave entitlement, if the employee is properly
notified of the designation when the leave begins.
However, consult your employer’s handbook
and policy regarding FMLA.
How
long before taking leave do I have to notify
my employer?
Generally, it is necessary
to give 30 days notice to the employer about
your intent to take leave. If for some reason
it is not possible, you have to give notice
as soon as possible.
My employer
asked for my medical records for leave taken
for serious health condition, do I have to provide?
No, it is not necessary
for you to provide medical records. However,
the employer may ask for a medical certification
confirming that a serious health condition exists.
My
employer has asked me to take vacation days
or sick days instead of family and medical leave,
can he/she do so?
Yes, your employer may
require you to substitute or you may also chose
to substitute any accrued vacation, personal
or sick leave, you may have coming for any part
of the twelve-week period you request for family
and medical leave. However, the employer has
to notify such substitution in advance.
My
employer has asked me to return to work before
I exhaust my leave, is it legal?
If you fail to provide
supporting medical certification, the employer
may deny you the continuation of FMLA leave
because of serious of health condition. However,
he cannot require you to work early by offering
you a light duty assignment.
My spouse
and I both work for the same employer, what
happens to family and medical leave?
It depends upon the reason
of the leave. If the leave is required for your
reason, or your spouse, or child’s illness,
each of you is allowed to take the full twelve-week
leave. If you are taking leave for birth of
a child, the adoption of a child or placement
of a foster child in your care, or parent who
has a serious health condition, employer may
limit the amount of leave to total of twelve
weeks between the two of you.
Are
there any restrictions on how I spend my time
while on leave?
Employers with established
policies regarding outside employment while
on paid or unpaid leave may uniformly apply
those policies to employees on FMLA leave. Otherwise,
the employer may not restrict your activities.
The protections of FMLA will not, however, cover
situations where the reason for leave no longer
exists, where the employee has not provided
required notices or certifications, or where
the employee has misrepresented the reason for
leave.
Does
the employer have the right to make inquiries
about my leave during my absence?
Yes, but he can inquiries
only to you. He/she may ask questions to confirm
whether the leave needed or being taken qualifies
for FMLA purposes, and may require periodic
reports on your status and intent to return
to work after leave.
If the employer wishes to obtain another opinion
on the validity of your leave, you may be asked
to obtain additional medical certification at
the employer’s expense, or rectification
during a period of FMLA leave. The inquiry may
not seek additional information regarding your
health condition or that of a family member.
Will
I still be covered under the medical insurance
while I am on leave?
Yes, the employer has
to continue to cover you under his/her group
health plan while you are on family and medical
leave the same as if you had continued working
as usual.
Does
workers’ compensation leave count against
an employee’s FMLA leave entitlement?
It can. FMLA leave and
workers’ compensation leave can run together,
provided the reason for the absence is due to
a qualifying serious illness or injury and the
employer properly notifies the employee in writing
that the leave will be counted as FMLA leave.
What
will happen after I return to work after family
and medical leave?
You must be returned to
the same job that you held when your leave began,
or to the equivalent position with equivalent
benefits, pay and other terms and conditions
of employment.
What
happen if my employer taps telephone conversation?
Generally, the law lets
the employer tap into telephone conversation
at work place, as long as it is done for business
purpose. However, if he/she finds that the conversation
is of personal and nothing to do with business,
he/she should hang the phone immediately.
A company can be liable for damages for invasion
of privacy when they intercept telephone conversations
in an attempt to identify union sympathizers.
Can
my employer fire me for going on worker’s
compensation?
Employer cannot be fired
because you were hurt on the job and were out
of work and receiving benefits. However, the
employer can replace you if yours is a one of
a kind job and he/she needs someone immediately,
or if you are out for long enough to be replaced,
in that case he/she does not have to rehire
you if your job or a similar one is not available
when you are ready to come back to work.
What
if I am also eligible to take leave under American
with Disability Act (ADA)?
If you are eligible to
take leave under both ADA and FMLA, it is better
to take leave under ADA. And when you return
from the ADA leave, you must be returned to
the same job, not just the equivalent job.
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