Family and Medical Leave Act (FMLA)

12 months of employment

*Determined at the time of request for leave Does NOT have to be consecutive -can use previous time worked for same employer as long as break in service is not more than 7 years -If long break is because of military service it may still count

Prohibited Acts by Employer

-Cannot interfere or deny employees rights under FMLA -Cannot discriminate -Cannot retaliate -Cannot use taking leave as negative factor in employment action

Who enforces FMLA?

-Department of Labor -Administrative process not required -Lawsuits can be filed in state or federal court -2 year statute of limitations or 3 years for willful violations

Notice of Leave

-Employee must follow customary procedures -Provide enough information that employer understands the leave may qualify for FMLA -30 days notice if leave is foreseeable -As soon as possible if leave is foreseeable

Designating leave under FMLA

-Employer is responsible for designating leave -Employer must also: --notify employee of eligibility --inform of rights and responsibilities --advise of amount of leave to be deducted -Employer may ask for certification from medical provider -employer may require that the employee use paid time off (vacation time, sick days)

Use unpaid leave first

-Employer may require employee to substitute paid time off for unpaid leave -Use of vacation, sick leave, personal time before going into unpaid leave -Does not extend 12-week maximum leave period

50 or more employers

-Even though employer may be covered by the FMLA, in some cases regardless of the number of employees, must still analyze whether employee is eligible under this requirement -Employees for small cities, counties, and school districts may not meet this requirement

1,250 hours in prior to 12-months

-Full time (8 hours/day) = about 156 working days -Part time= at least 25 hours/week for 12 months

What is considered a serious health condition?

-Illness, injury, or condition that requires hospital stay OR continuing treatment by health care provider -Ordinary, common health conditions are not serious under the FMLA, i.e. cold, flu, headache

Return from leave

-Must be restored to the same position or substantially equivalent -Substantially equivalent means equivalent pay, benefits, and working conditions -virtually the same

Why can you be entitled to FMLA?

-Own serious health condition -Need to care for spouse, child, or parent with a serious health condition -birth, adoption, or foster placement of child -military family leave entitlements

Who is covered under FMLA?

-Private sector employees who employ 50 or more employees -Public agencies including local, state, or federal government agencies (any number of employees) -Public or private elementary or secondary schools (any number of employees)

Overview

1. Up to 12 week of unpaid leave 2. For specified family and medical reasons 3. Continued health benefits 4. Job protection 5. prohibits retaliation

Who is eligible for FMLA?

Employees who... -Work for a covered employer -Has worked for their employer for 12 months AND -has worked 1,250 hours during preceding 12-month period AND -works for an employer with 50 or more employees