Important Queries Regarding FMLA

Author: Kenneth Sprang
1Q: What are the provisions in Family Medical Leave Act (FMLA) for leave for birth, adoption or serious health condition?
Family Medical Leave Act requires employer to provide up to 12 weeks of leave for an eligible employee within any 12 month period for birth and care of newborn child of the employee; placement of a child for adoption or foster care with the employee; to take medical leave when the employee is unable to work because of a serious health condition.
2Q: What are the provisions in FMLA to care for immediate family member?
To care for immediate family member requires employer to provide FMLA leave. To care for an immediate family member (spouse, child, or parent) with a serious health condition; or Employee with no legal or biological relationship to a child may be entitled to FMLA leave to care for a newborn or placed child with serious health condition if employee intends to assume the responsibilities of a parent.
3Q: What is a serious health condition?
An illness, injury, impairment, or physical or mental condition that involves either inpatient care, continuing treatment by healthcare provider.
4Q: What is continuous treatment?
Includes period of incapacity of more than three consecutive days, and subsequent treatment or incapacity that also includes: Treating two or more times by healthcare provider; or continuing regiment of treatment or incapacity related to pregnancy or prenatal care; or incapacity or treatment for chronic serious health condition over extended period of time, requiring periodic visits to healthcare provider-may involve occasional episodes of incapacity; or period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective; or absences to receive multiple treatments for restorative surgery or for condition that would likely result in period of incapacity of more than three days if not treated.
5Q: What are the additional FMLA benefits?
Employees on FMLA leave may continue medical insurance coverage just as if they were working, i.e., paying the premium or portion of the premium normally required. All but key employees are generally guaranteed the right to return to the job they left, or one substantially the same. These employees are those that the FMLA defines as “key employees” to an employer, and their reinstatement must have a substantial and grievous economic injury to an employer’s operations.
6Q: What are the state Family and Medical Leaves?
Several states provide employees of small employers with family and medical leave rights. These state laws frequently provide different criteria for leave than the FMLA. The length of the leave may vary as well. A handful of states provide disability benefits for employees that may arise out of situations simultaneously covered by State or FMLA leave, such as pregnancy.
7Q: What is Intermittent Leave?
Intermittent leave is the leave taken in separate blocks of time for single qualifying reason. Leave may be taken intermittently when medically necessary due to the serious health condition of a covered family member or the employee or the serious injury or illness of a covered service member. When necessary because of a qualifying exigency related to a covered service member. Not to Disrupt Employer’s Operations. If an employee needs leave intermittently for planned medical treatment, then employee must make reasonable effort to schedule treatment so as not to unduly disrupt employer's operations.
8Q: What is reduced leave schedule?
Reduced leave schedule reduces employee's working hours per workweek, or hours per workday. Normally from full-time to part time. Employees may take FMLA leave on a reduced schedule basis when medically necessary due to the serious health condition of a covered family member or the employee or the serious injury or illness of a covered service member. Employees may also take FMLA leave on a reduced schedule basis when necessary because of a qualifying exigency related to a covered service member. Not to Disrupt Employer’s Operations. If an employee needs a reduced leave schedule for planned medical treatment, then employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt the employer's operations.
9Q: What is meant by employers subject to the FMLA?
Employers with 50 or more employees in commerce, 20 or more workweeks during the last year are subject to FMLA. Number of employees based on employees within 75 mile radius. Employers are required to post (and keep posted) a notice on the premises explaining the FMLA and providing information on how to file FMLA-based complaints.
10Q: What is meant by Eligible Employees?
To be eligible for FMLA leave an employee must have worked for the employer at least 12 months or worked at least 1,250 hours over the past 12 months and work at a location where the company employs 50 or more employees within 75 miles.

Please submit the form

what would you like to do?