The Family and Medical Leave Act (FMLA) Summary
The Family and Medical Leave Act (FMLA) was signed into law by President Bill Clinton in 1993. It provides employees who worked at the company for more than a year the right to take unpaid leave for (1) the birth or adoption of a child or (2) when the employee, a spouse or close family relative suffers from a serious health condition.
Employers may not refuse to hire or to discharge, fine, suspend, expel, retaliate or discriminate against any employee because of he or she exercised their right to family care and medical leave.
Employment Attorneys Committed To Fighting For Your Rights
If you have suffered retaliation or lost your job because you sought to protect your rights, we are on your side. The Dolan Law Firm assists employees obtain their rights to medical leave and possesses an outstanding record of success obtaining damages for its clients whose rights have been violated.
Contact the employment attorneys at the Dolan Law Firm online or call toll free 1-888-452-4752 for a free, confidential case evaluation.
Answers To Frequently Asked Questions About FMLA
WHICH EMPLOYERS HAVE TO PROVIDE FAMILY MEDICAL LEAVE?
WHICH EMPLOYEES ARE ENTITLED TO FAMILY MEDICAL LEAVE?
WHAT CAN FAMILY MEDICAL LEAVE BE USED FOR?
- 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
WHAT IS A SERIOUS HEALTH CONDITION UNDER THE LAW?
- 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.
WHAT IS AN EMPLOYER’S OBLIGATION UNDER THE FAMILY AND MEDICAL LEAVE ACT?
- 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)
WHAT INFORMATION MUST THE EMPLOYEE PROVIDE TO THE EMPLOYER?
- 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.
WHAT CAN THE EMPLOYER DEMAND AS PROOF OF MEDICAL LEAVE?
- 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.
WHAT IF THE EMPLOYER DOES NOT BELIEVE THE EMPLOYEE?
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.
ARE YOU ENTITLED TO YOUR JOB BACK AT THE END OF THE MEDICAL LEAVE?
DO YOU HAVE TO TAKE ALL THE LEAVE AT ONE TIME?
HOW DO YOU MAKE A REQUEST?
WHAT DO YOU DO IF YOUR RIGHTS HAVE BEEN DENIED?
- 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
Contact the Dolan Law Firm online or call us at 415-636-8160 for a free case evaluation.