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The Family and Medical Leave Act (FMLA), signed into law by President Clinton in 1993, requires covered employers to
provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.
Employers are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the
previous 12 months, and if there are at least 50 employees within 75 miles.
REASONS FOR TAKING LEAVE
Unpaid leave must be granted for any of the following reasons:
- To care of the Employee's child after birth, or placement for adoption or foster care.
- To care of the Employee's spouse, son, daughter or parent, who has a serious health condition
- For a serious health condition that makes Employee unable to perform his/her job
At the Employees's or Employer's option, certain kinds of paid leave--like vacation or sick leave--may be substituted for unpaid leave.
NOTICE & MEDICAL CERTIFICATION
The Employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if
requirements are not met.
- The Employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."
- An Employer may require medical certification to support a request for leave because of a serious health condition, and may
require second or third opinions (at the Employer's expense) and a fitness for duty report to return to work.
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JOB BENEFITS & PROTECTION
- For the duration FMLA leave, the Employer must maintain the Employee's health coverage under any "group health plan."
- Upon return from FMLA leave, most Employees must be restored to their original or equivalent positions with equivalent pay,
benefits and other employment terms.
- The use of FMLA leave cannot result in the loss of any employment benefits that accrued prior to the start of an Employee's leave.
UNLAWFUL EMPLOYER ACTIONS
FMLA makes it unlawful for any Employer to:
- Interfere with, restrain or deny the exercise of any right provided under FMLA
- Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding relating to FMLA
FMLA ENFORCEMENT
- The U.S. Department of Labor is authorized to investigate and resolve complaints of FMLA violations.
- Employees may bring civil actions against an employer for violations
FMLA does not affect any federal or State Law prohibiting discrimination, nor does it supersede any State of Local Laws or collective bargaining agreements that provide greater family or medical leave rights.
For further information about the FMLA go to the U.S. Department of Labor's Employment Law Guide or take a look at the FMLA poster which outlines
major provisions of this law.
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