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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. 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) and the 2009 Family and Medical Leave Act regulations. 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 act 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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152919timesavers.aspxFormsAbsence Report Form National
151707faqs.aspxQuestions & AnswersAm 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
151700faqs.aspxQuestions & AnswersAn 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
151725faqs.aspxQuestions & AnswersAn 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
151712faqs.aspxQuestions & AnswersAn 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
151705faqs.aspxQuestions & AnswersAn employee uses FMLA to leave early and come late to work. Can I ask for and expect a doctors note? National
151723faqs.aspxQuestions & AnswersAn 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
151730faqs.aspxQuestions & AnswersAn 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
155848faqs.aspxQuestions & AnswersAn 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
153610faqs.aspxQuestions & AnswersAre part-time staff eligible for FMLA! National
151732faqs.aspxQuestions & AnswersAre 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
153865faqs.aspxQuestions & AnswersAre we required to provide FMLA leave to an employee whose serious injury is a result of his criminal activity? National
153024timesavers.aspxPoliciesBereavement Policy National
151742faqs.aspxQuestions & AnswersCan a company mandate the use of paid sick time during an fmla absence when the state provides a mandated disability program? National
158358faqs.aspxQuestions & AnswersCan an employee refuse to take FMLA? National
151721faqs.aspxQuestions & AnswersCan 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
154965faqs.aspxQuestions & AnswersCan an employer recover insurance premiums if an employee on Family and Medical Leave Act (FMLA) leave does not return to work?  National
151729faqs.aspxQuestions & AnswersCan an employer require an employee to take a certain kind of paid leave under FMLA? National
151694faqs.aspxQuestions & AnswersCan 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
158341faqs.aspxQuestions & AnswersCan 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
152318faqs.aspxQuestions & AnswersCan we make an individual on short term disability use their vacation time during that time? National
151737faqs.aspxQuestions & AnswersCan 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
152312faqs.aspxQuestions & AnswersCan you offer a benefit (payment of commissions) to people on maternity leave that we don't offer during FMLA leave? National
158279timesavers.aspxFormsCertification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385, For Use Beginning January 16, 2009) National
158280timesavers.aspxFormsCertification of Qualifying Exigency For Military Family Leave (WH-384, For Use Beginning January 16, 2009) National
158278guidance.aspxGuidanceComparison Chart: New FMLA & California Family Rights Act Regulations National
151708faqs.aspxQuestions & AnswersDischarging an employee who is on FMLA leave National
151727faqs.aspxQuestions & AnswersDo paid holidays count toward the 12-week FML entitlement per year, or are employers not supposed to count them when calculating leave time? National
152314faqs.aspxQuestions & AnswersDo we have legal obligation to keep paying for health insurance while the employee is not even working for us after two years of workers comp? National
151724faqs.aspxQuestions & AnswersDoes FMLA provide job protection for the serious health condition of a child, regardless of the age or marital status of the child? National
154842faqs.aspxQuestions & AnswersDoes FMLA require that employees on leave receive holiday pay for holidays which fall during their approved family medical leave? National
151717faqs.aspxQuestions & AnswersDoes granted leave time count towards the 12 month of work requirement to qualify for FMLA Leave? National
151703faqs.aspxQuestions & AnswersDoes the state of New Jersey have a FMLA that supersedes that of the Federal guidelines? National
156171timesavers.aspxFormsEmployee's Acknowledgement of Review of Employer Leave Policies National
151715faqs.aspxQuestions & AnswersExamples of letters dealing with FMLA administration National
158281guidance.aspxGuidanceFact Sheet #28: The Family and Medical Leave Act of 1993 National
158282guidance.aspxGuidanceFact Sheet #28A: The Family and Medical Leave Act Military Family Leave Entitlements National
158283guidance.aspxGuidanceFact Sheet on New FMLA Regulations National
152852timesavers.aspxFormsFamily and Medical Leave Request Form National
159166timesavers.aspxFormsFamily Care and Medical Leave Certification Form National