What makes an employee eligible for FMLA leave?

Employees are eligible to take FMLA leave if they work for a covered employer and: 1 have worked for their employer for at least 12 months; 2 have at least 1,250 hours of service over the 12 month period before their leave begins; and. 3 work at a location where at least 50 employees are employed by the employer within 75 miles.

How many weeks of unpaid leave do you have under FMLA?

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.

How to keep health information private under FMLA regulations?

Speak to the proper department at your employer. The quickest way to make sure that your medical information ends up in the wrong hands is to speak with the wrong people. If there is an HR department at your employer, you can always use HR to apply for leave. In fact, most employers large enough to have an HR department will require this.

How long do you have to work before you can take FMLA?

Who can take FMLA leave? 1 have worked for their employer for at least 12 months; 2 have at least 1,250 hours of service over the 12 month period before their leave begins; and. 3 work at a location where at least 50 employees are employed by the employer within 75 miles.

Do you have to ask your employer for FMLA?

While you do not have to specifically ask for FMLA leave for your first leave request, you do need to provide enough information so your employer is aware it may be covered by the FMLA. Once a condition has been approved for FMLA leave and you need additional leave for that condition (for example recurring migraines

Who are the covered employers under the FMLA?

The FMLA applies only to “covered” employers. A covered employer may be a private-sector employer, a public agency, or a school. Covered employers must provide FMLA benefits and protections to eligible employees

Can a employer Count FMLA qualifying absences in no fault policy?

Employers are prohibited from counting FMLA-qualifying absences against employees under a “no-fault” attendance policy. In the new letter, the DOL addressed a specific nuance of some no-fault policies: “freezing” the employee’s accumulated points while they are out of work on FMLA leave.

When does an employer have to notify an employee of FMLA?

Under the regulations, an employer must notify an employee whether leave will be designated as FMLA leave within five business days of learning that the leave is being taken for a FMLA-qualifying reason, absent extenuating circumstances.

What are the common mistakes employers make with FMLA?

Another common mistake is failing to keep an exact count of an employee’s use of FMLA leave, particularly in regards to intermittent leave, said Dana Connell, an attorney with Littler in Chicago. This failure is “highly dangerous,” he stated.

How many hours do you have to work for FMLA?

For employees to be eligible for FMLA leave, they must have worked for the employer for at least 12 months and have worked a minimum of 1250 hours during those 12 months in a location with at least 50 employees.

Can a company retaliate against an employee for FMLA?

Employers cannot retaliate against employees who take FMLA leave, or participate in internal or external investigations against an employee regarding their FMLA policies Employers cannot cancel an otherwise-promised severance package contract as a result of taking FMLA leave.

Can a company Count FMLA leave as no fault?

An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave.

The FMLA only applies to employers that meet certain criteria. A covered employer is a: Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;

How many employees do you have to have to file FMLA?

The 50 employee count is not determined by counting the employees at any single point in time. If an employer had at least 50 employees in total on 20 payroll weeks in the past year (2011) or in the current year (2012), the employer would be subject to FMLA.

Can a employer Count light duty work as FMLA?

Idalski said employers also often make the mistake of offering light-duty work to employees and counting it as FMLA leave. Light-duty work can be offered but must not be required in lieu of FMLA leave.

Where can I find out if I qualify for FMLA?

Employees who are unsure whether they qualify for FMLA leave should check with their employer’s human resources department and with the Department of Labor’s Wage and Hour Division. The FMLA can be complicated, and both employees and employers make mistakes.

Do you need a medical certification for FMLA?

The employer is required to obtain a medical certification for every FMLA leave request that is due to a serious health condition. The employer must deny the leave request if the employee fails to submit the certification on time. The employer must ensure that the certification is properly filled out

What qualifies someone for FMLA?

Conditions that qualify an employee for FMLA include the birth of a child and taking care of a newborn, placement of a child for adoption or state ordered foster care, an employee’s serious health condition, or the need to care for a spouse, child, or parent with a serious health condition.

Are companies required to offer FMLA?

Not all employers are legally required to offer FMLA. It only impacts certain employers that meet minimum requirements. Companies that must comply with FMLA regulations include: Public agencies, such as government organizations and public schools.

Can you be fired if you do not qualify for FMLA?

Significance. If employees do not qualify for FMLA leave, but take leave anyway, an employer may fire them unless they have contractual protections, such as a collective bargaining agreement. Labor laws do not require employers to retain employees who cannot report to work, even if the reason is legitimate and out of the employee’s control.

What qualifies as a FMLA serious health condition?

What’s a Serious Health Condition Under FMLA? Inpatient Care. Incapacity for More Than Three Days Plus Continuing Treatment. Pregnancy or Prenatal Care. Chronic Serious Health Conditions. Permanent or Long-Term Incapacity. Multiple Treatments.