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Leave of Absence (FMLA) (including FMLA (Leave of Absence))
National Summary
Leave of absence laws give employees the right to leave for a variety of reasons—personal or family illness, pregnancy, military service, family military leave, and other personal reasons. What is FMLA? A leave of absence of between 12 and 26 weeks must be given to qualifying employees under the federal Family and Medical Leave Act (FMLA). The medical leave act provisions require covered employers to grant leave to eligible employees for their own serious health conditions, to care for a covered family member with a serious health condition, and for family military leave for a qualifying exigency or to care for a seriously injured or ill servicemember or veteran. The family leave provisions also require covered employers to grant leave to eligible employees after the birth, adoption or foster care placement of a child, to bond with the child.
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167144index.aspxGuidance 1-FMLA Overview: Integration with Other Leave Law Requirements  National
167143index.aspxGuidance 2-FMLA Employer Coverage and Employee Eligibility Requirements  National
160032index.aspxGuidance 2010 Family Leave Practices Survey Results (for Nonsubscribers)  National
160033index.aspxGuidance 2010 Family Leave Practices Survey Results (Summary)  National
160034index.aspxGuidance 2010 Fringe Benefit Survey Series--Family Leave Practices  National
167142index.aspxGuidance 3-Qualifying Reasons for FMLA Leave  National
167141index.aspxGuidance 4-FMLA Leave Notice and Medical Certification  National
167140index.aspxGuidance 5-Pay and Benefits During FMLA Leave  National
160387index.aspxQuestions & Answers A few years ago, we hired our 50th employee and updated the handbook to include FMLA. We just went down to 49 employees Do we update the handbook again?  National
167356index.aspxQuestions & Answers A husband and wife work for us. The husband needs FMLA for a serious medical condition. His wife wants FMLA to care for him. Will they each get 12 weeks, or is it 12 weeks combined?  National
152919tools.aspxForms Absence Report Form  National
151707index.aspxQuestions & Answers Am I legally obligated to offer an employee something if her previous position was filled while she was on FMLA? If so, can it be at a reduced salary?  National
151700index.aspxQuestions & Answers An employee has excessive absenteeism. However, the employee provides doctors' excuses from numerous physicians for various medical problems. Can the company investigate and converse with her doctor to determine if the leave is legitimate?  National
151725index.aspxQuestions & Answers An employee qualified for FMLA, but soon after returning, she had to leave again. After she was out 6 weeks the second time (12 weeks total)did she lose her job restoration protection?  National
151712index.aspxQuestions & Answers An employee says she cant work, but the doctors say she can. Do I have to accomodate any absences that she accrues due to her "back problem" under the ADA? Do I have to offer intermittent FMLA leave to cover these absences?  National
167133index.aspxQuestions & Answers An employee took FMLA to care for his seriously ill mother. Then he needed surgery. Does he get 12 weeks of leave for his mother plus 12 weeks for himself?  National
151705index.aspxQuestions & Answers An employee uses FMLA to leave early and come late to work. Can I ask for and expect a doctors note?  National
151723index.aspxQuestions & Answers An employee wants to use the FMLA. Currently we pay 100% of her health insurance premiums. Can we ask her to pay for 50% of her health insurance premiums while she is on FML?  National
151730index.aspxQuestions & Answers An employee who went on 12 weeks of FMLA for delivery of her child. She has asked if she can return to the same job at a parttime rate. Are we obligated to do other then let her return at a fulltime rate?  National
166423index.aspxQuestions & Answers An employee will become eligible for FMLA while on a medical leave. Do we have to give her all 12 weeks of FMLA after she meets the eligibility requirements?  National
155848index.aspxQuestions & Answers An employee, who is due to give birth in April, reaches one year of employment in May. Is she entitled to FMLA starting in May or does the fact that she is on leave cancel that?  National
166657index.aspxQuestions & Answers An exempt employee is on intermittent FMLA leave. She will work at home at night. Can we dock her salary for time out of the office during regular work hours?  National
153610index.aspxQuestions & Answers Are part-time staff eligible for FMLA!  National
151732index.aspxQuestions & Answers Are there any guidelines in allowing an employee to take time off for paternity leave? Is this time off upaid or is it up to the employer's discretion?  National
153865index.aspxQuestions & Answers Are we required to provide FMLA leave to an employee whose serious injury is a result of his criminal activity?  National
153024tools.aspxPolicies Bereavement Policy  National
151742index.aspxQuestions & Answers Can a company mandate the use of paid sick time during an fmla absence when the state provides a mandated disability program?  National
158358index.aspxQuestions & Answers Can an employee refuse to take FMLA?  National
159381index.aspxQuestions & Answers Can an employee take FMLA for a critically ill grandchild? The child's mother is 16 years of age & the grandmother wants to take FMLA.  National
151721index.aspxQuestions & Answers Can an employer fire and employee for exceeding the company's sick day policy? If so what is the law to support that? Where can it be found? If not, what can the employer do that is within California Law?  National
154965index.aspxQuestions & Answers Can an employer recover insurance premiums if an employee on Family and Medical Leave Act (FMLA) leave does not return to work?  National
151729index.aspxQuestions & Answers Can an employer require an employee to take a certain kind of paid leave under FMLA?  National
151694index.aspxQuestions & Answers Can an employer, after certifying the associate for FMLA, retroactively apply time already missed by the associate and count it toward the 12 weeks/year granted under FMLA?  National
158341index.aspxQuestions & Answers Can Military Caregiver leave be combined with another FMLA leave? For example, an employee takes 26 weeks of leave to care for her brother in the military, then has a baby. Is the employee entitled to 12 additional weeks of FMLA for the newborn?  National
152318index.aspxQuestions & Answers Can we make an individual on short term disability use their vacation time during that time?  National
167156index.aspxQuestions & Answers Can we reduce the pay and change shifts for a person returning from leave if business requires?  National
151737index.aspxQuestions & Answers Can you give us the formula to use for determining whether an employee has worked a sufficient number of hours over the past 12 months to qualify for FMLA?  National
152312index.aspxQuestions & Answers Can you offer a benefit (payment of commissions) to people on maternity leave that we don't offer during FMLA leave?  National
167393tools.aspxForms Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave Form (WH-385-V)  National
158279tools.aspxForms Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave Form (WH-385)  National
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