Federal Questions & Answers on Leave of Absence (FMLA) at Compensation.BLR.com

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Leave of Absence (FMLA)—Questions & Answers—Federal

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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?

We are an employer with 45 full time employees and 10 independent contractor sales representatives. I understand that to be covered by FMLA we must have 50 employees. Are we required to count the independent contractors when we look at whether or not

If both spouses work for the same company, and one spouse takes FMLA leave for personal illness, and the other spouse requests FMLA leave to care for the spouse, do they get a combined 12-week FMLA, or do they each get 12 weeks?

We have incentive-based positions where our employees are paid a base salary plus commission. These are exempt level positions. We do not pay commission pay while they are out on a medical leave of absence. Is this legal or we violating any federal c

We have an employee out on an unexpected leave that does qualify under FMLA. If we mail him FMLA paperwork, does the clock start ticking on the day we mail the notification, or the day he receives the notification?

We have an employee who in the last few months has started to leave early or miss a day occasionally. When she has been at work, her performance is excellent. She claims she is having migraines. Do we have any ADA issues or FMLA issues?

If an employee is consistently out on an ongoing intermittent FMLA and abuse is suspected, can the employer ask the employee for a doctor's note to support each time the employee is out on intermittent FMLA leave?

What benefits are employees entitled to when they return from FMLA leave?

We have an employee who has been off of work for two weeks and has been diagnosed with severe anxiety. The employee claims this is work-related. Does severe anxiety qualify for FMLA? Is this considered a serious health condition under FMLA?

When you have a exempt employee who is returning from medical leave but can only work 4 hours/day for several weeks, are we required to pay his full salary or can we pay him a percentage?

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View Federal Questions & Answers for these related topics:

• Attendance
• Benefits
• Disability Insurance
• Maternity
• Notices (Posting)
• Records
• Sick Leave
• Workers' Compensation

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