Employee Leave Under Family and Medical Leave Act (FMLA)

Employers with more than 50 employees working within a 75-mile radius

To be entitled to medical leave, an employee must have worked for the previous 12 months and have worked a minimum of 1,250 hours in that year.

• The birth or adoption of a child (both men and women have this right)
• A serious health condition of the employee, a spouse, parent, or child

A “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves either of the following:

• Inpatient care in a hospital, hospice or residential health care facility
• Continuing treatment or continuing supervision by a health care provider

A simple cold or flu, absent special circumstances, does not constitute a serious medical condition.

• To provide up to a total of 12 weeks of unpaid leave
• To continue an employee’s health benefits during the leave
• To maintain the seniority of the employee and count the leave time just as if the employee continued to be at work for purposes of a seniority system
• To return the employee to the same or a similar position (with similar responsibilities, pay and opportunities for advancement)

• Reasonable advance notice if the leave is foreseeable
• Documentation from the employee’s physician as to the medical condition and expected duration of the leave. This should be provided before the leave, if possible (emergencies happen).
• An estimate of the time off and return date
• If the need for treatment or leave is foreseeable, the employee should try and schedule treatment to avoid disruption to the employer’s business.

An employer may require that an employee’s request for leave to care for a child, a spouse or a parent who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following:

• The date on which the serious health condition commenced
• The probable duration of the condition
• An estimate of the amount of time that the health care provider believes the employee needs to care for the individual
• A statement that the serious health condition warrants the participation of a family member to provide care during treatment or supervision of the individual requiring care.

The employer may require, at the employer’s expense, the opinion of a second health care provider, designated or approved by the employer. That health care provider cannot be regularly employed by the employer.

In any case in which the second opinion differs from the opinion in the original certification, the employer may require, at the employer’s expense, the opinion of a third health care provider, designated or approved jointly by the employer and the employee. The opinion of the third health care provider concerning the certified information should be considered final and shall be binding on the employer and the employee.

You are entitled to the same or similar position (with same pay, responsibility, opportunity for promotion and benefits).

No. Leave may be taken all at one time or at different times as needed for appointments or treatments or because of episodic difficulties. Total leave within the period may not exceed 12 weeks.

Make your request in writing as soon as you know you will need leave (in advance if possible) or as soon as possible following an emergency leave. Check your employee handbook for any forms or processes that are required. Consult with your health care provider to obtain certification of your need for leave and the expected duration of the leave and provide that to your employer with as much advance notice as possible.

Many companies require that you follow a certain channel of communication in reporting unlawful treatment, denial of your rights and/or retaliation. You should follow these procedures and document your actions in writing. Keep copies of all communications with your employer. Failure to follow these procedures may lead to a denial of your legal right to recover certain damages like punitive damages.

• If you have been denied your right to family medical leave
• If you have suffered retaliation or harassment because you took leave
• If you were denied your job back after taking leave