FAQ

 

Frequently Asked Questions and Answers
Q: How much leave am I entitled to under FMLA?
If you are an eligible employee, you are entitled to 12
weeks of leave for certain family and medical reasons during a 12-month period.
Q: 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 the 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 FMLA leave.
Q: Does the law guarantee paid time off?
 No. The FMLA only requires unpaid leave. However, the law
permits an employee 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.
Q: 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.
Q: Can the employer count leave taken due to pregnancy complications
against the 12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee is entitled to a total of 12 weeks of
FMLA leave in a 12-month period. If the employee has to use some of that leave
for another reason, including a difficult pregnancy, it may be counted as part
of the 12-week FMLA leave entitlement.
Q: Can the employer count time on maternity leave or pregnancy
disability as FMLA leave?
Yes. Pregnancy disability leave or maternity leave for the birth of
a child would be considered qualifying FMLA leave for a serious health condition
and may be counted in the 12 weeks of leave so long as the employer properly
notifies the employee in writing of the designation.
Q: If an employer fails to tell employees that the leave is FMLA
leave, can the employer count the time they have already been off against the 12
weeks of FMLA leave?
 In most situations, the employer cannot count leave as FMLA
leave retroactively. Remember, the employee must be notified in writing that an
absence is being designated as FMLA leave. If the employer was not aware of the
reason for the leave, leave may be designated as FMLA leave retroactively only
while the leave is in progress or within two business days of the employee’s
return to work.
Q: Who is considered an immediate family member for purposes of
taking FMLA leave?
An employee’s spouse, children (son or daughter), and parents are
immediate family members for purposes of FMLA. The term parent does not
include a parent in-law The terms son or daughter do not include individuals
age 18 or over unless they are incapable of self-care because of mental or
physical disability that limits one or more of the major life activities as
those terms are defined in regulations issued by the Equal Employment
Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA).
Q: May I take FMLA leave for visits to a physical therapist, if my
doctor prescribes the therapy?
Yes. FMLA permits you to take leave to receive continuing
treatment by a health care provider, which can include recurring absences for
therapy treatments such as those ordered by a doctor for physical therapy after
a hospital stay or for treatment of severe arthritis.
Q: Which employees are eligible to take FMLA leave?
Employees are eligible to take FMLA leave if they have worked for
their employer for at least 12 months, and have worked for at least 1,250 hours
over the previous 12 months, and work at a location where at least 50 employees
are employed by the employer within 75 miles.
Q: Do the 12 months of service with the employer have to be
continuous or consecutive?
No. The 12 months do not have to be continuous or consecutive; all
time worked for the employer is counted.
Q: Do the 1,250 hours include paid leave time or other absences from
work?
No. The 1,250 hours include only those hours actually worked for
the employer. Paid leave and unpaid leave, including FMLA leave, are not
included.
Q: How do I determine if I have worked 1,250 hours in a 12-month
period?
Your individual record of hours worked would be used to determine
whether 1,250 hours had been worked in the 12 months prior to the commencement
of FMLA leave. As a rule of thumb, the following may be helpful for estimating
whether this test for eligibility has been met; 24 hours worked in each of the
52 weeks of the year; or over 104 hours worked in each of the 12 months of the
year; or 40 hours worked per week for more than 31 weeks (over seven months) of
the year.
Q: Do I have to give my employer my medical records for leave due to
a serious health condition?
No. You do not have to provide medical records. The employer may,
however, request that, for any leave taken due to a serious health condition,
you provide a medical certification confirming that a serious health condition
exists.
Q: Can my employer require me to return to work before I exhaust my
leave?
Subject to certain limitations, your employer may deny the
continuation of FMLA leave due to a serious health condition if you fail to
fulfill any obligations to provide supporting medical certification. The
employer may not, however, require you to return to work early by offering you a
light duty assignment.
Q: 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.
Q: Can my employer make inquiries about my leave during my absence?
Yes, but only to you. Your employer may ask you 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. Also, if the employer wishes to obtain another opinion, you may be
required to obtain additional medical certification at the employer’s expense,
or rectification during a period of FMLA leave. The employer may have a health
care provider representing the employer contact your health care provider, with
your permission, to clarify information in the medical certification or to
confirm that it was provided by the health care provider. The inquiry may not
seek additional information regarding your health condition or that of a family
member.
Q: Can my employer refuse to grant me FMLA leave?
If you are an employee who has met FMLA’s notice and
certification requirements (and you have not exhausted your FMLA leave
entitlement for the year), you may not be denied FMLA leave.

Q: Will I lose my job if I take FMLA leave?
Generally, no. It is unlawful for any employer to interfere with or
restrain or deny the exercise of any right provided under this law. Employers
cannot use the taking of FMLA leave as a negative factor in employment actions,
such as hiring, promotions or disciplinary actions; nor can FMLA leave be
counted under no fault attendance policies. Under limited circumstances, an
employer may deny reinstatement to work - but not the use of FMLA leave - to
certain highly-paid, salaried employees.
Q: Are there other circumstances in which my employer can deny me
FMLA leave or reinstatement to my job?
In addition to denying reinstatement in certain circumstances to
 employees, employers are not required to continue FMLA benefits or
reinstate employees who would have been laid off or otherwise had their
employment terminated had they continued to work during the FMLA leave period
as, for example, due to a general layoff. Employees who give unequivocal notice
that they do not intend to return to work lose their entitlement to FMLA leave.
Employees who are unable to return to work and have exhausted their 12 weeks of
FMLA leave in the designated "12 month period no longer have FMLA protections
of leave or job restoration Under certain circumstances, employers who advise
employees experiencing a serious health condition that they will require a
medical certificate of fitness for duty to return to work may deny reinstatement
to an employee who fails to provide the certification, or may delay
reinstatement until the certification is submitted.
Q: Can my employer fire me for complaining about a violation of
FMLA?
No. Nor can the employer take any other adverse employment action
on this basis. It is unlawful for any employer to discharge or otherwise
discriminate against an employee for opposing a practice made unlawful under
FMLA.
Q: Does an employer have to pay bonuses to employees who have been
on FMLA leave?
The FMLA requires that employees be restored to the same or an
equivalent position. If an employee was eligible for a bonus before taking FMLA
leave, the employee would be eligible for the bonus upon returning to work. The
FMLA leave may not be counted against the employee. For example, if an employer
offers a perfect attendance bonus, and the employee has not missed any time
prior to taking FMLA leave, the employee would still be eligible for the bonus
upon returning from FMLA leave. On the other hand, FMLA does not require that
employees on FMLA leave be allowed to accrue benefits or seniority. For example,
an employee on FMLA leave might not have sufficient sales to qualify for a
bonus. The employer is not required to make any special accommodation for this
employee because of FMLA. The employer must, of course, treat an employee who
has used FMLA leave at least as well as other employees on paid and unpaid leave
(as appropriate) are treated.
Q: Under what circumstances is leave designated as FMLA leave and
counted against the employee's total entitlement?
In all circumstances, it is the employer's responsibility to
designate leave taken for an FMLA reason as FMLA leave. The designation must be
based upon information furnished by the employee. Leave may not be designated as
FMLA leave after the leave has been completed and the employee has returned to
work, except if; the employer is awaiting receipt of the medical certification
to confirm the existence of a serious health condition; the employer was unaware
that leave was for an FMLA reason, and subsequently acquires information from
the employee such as when the employee requests additional or extensions of
leave; or, the employer was unaware that the leave was for an FMLA reason, and
the employee notifies the employer within two days after return to work that the
leave was FMLA leave.
Q: Can my employer count FMLA leave I take against a no fault
absentee policy?
;No.