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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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87139faqs.aspxQuestions & Answers(1) Can we designate FMLA leave retroactively? (2) If an employee does not submit certification, can we still designate leave as FMLA?04/22/2011National
82434state_comparison_charts.aspxGuidance Documents1 FMLA Overview: Integration with Other Leave Law Requirements National
82433state_comparison_charts.aspxGuidance Documents2 FMLA Employer Coverage and Employee Eligibility Requirements National
83234surveys.aspxSurveys2010 Family Leave Practices Survey Results National
83235state_comparison_charts.aspxGuidance Documents2010 Family Leave Practices Survey Results (for Nonsubscribers) National
83239state_comparison_charts.aspxGuidance Documents2010 Family Leave Practices Survey Results (Summary) National
83240state_comparison_charts.aspxGuidance Documents2010 Fringe Benefit Survey Series--Family Leave Practices National
89955surveys.aspxSurveys2011 Family Leave Survey Results National
82432state_comparison_charts.aspxGuidance Documents3 Qualifying Reasons for FMLA Leave National
82431state_comparison_charts.aspxGuidance Documents4 FMLA Leave Notice and Medical Certification National
82430state_comparison_charts.aspxGuidance Documents5 Pay and Benefits During FMLA Leave National
82429state_comparison_charts.aspxGuidance Documents6 Return from FMLA Leave National
82428state_comparison_charts.aspxGuidance Documents7 FMLA Recordkeeping and Enforcement National
80903faqs.aspxQuestions & AnswersA commissioned baed employee needs intermitten FMLA leave. His pay structure is draw against commission. How can we reduce his pay while on leave?10/01/2009National
84026faqs.aspxQuestions & AnswersA few years agao, 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?12/17/2010National
85573faqs.aspxQuestions & AnswersA nonexempt employee is on FMLA leave. He would like to work from home. Is this allowed under FMLA? We know we have to pay him for his time working. 02/18/2011National
81526faqs.aspxQuestions & AnswersA school district employee takes 12 weeks of FMLA beginning in November. Is the two-week Christmas break counted as part of the 12- week FMLA?01/12/2010National
85669faqs.aspxQuestions & AnswersAn employee goes out on FMLA and the spouse working for the same employer takes time of to care for her. Do they fall under the sharing combined 12 weeks of FMLA?02/23/2011National
85330faqs.aspxQuestions & AnswersAn employee is certified for intermittent FMLA. When she is absent, can we request documentation that she actually had treatment for her medical condition?02/08/2011National
84473faqs.aspxQuestions & AnswersAn employee is on intermittent FMLA for migraines. She has now requested FMLA for surgery. Can she take two types of FMLA?01/05/2011National
88961faqs.aspxQuestions & AnswersAn 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?07/22/2011National
85673faqs.aspxQuestions & AnswersAn employee's doctor provided certification for intermittent FMLA, but the employee has been out for a month straight. What can we do at this point?02/24/2011National
82056faqs.aspxQuestions & AnswersAn employee's wife is bedridden because of her pregnancy. Can he take FMLA to care for their other children?04/13/2010National
83726faqs.aspxQuestions & AnswersAn employee, approved for intermittent FMLA leave, requested 2 hours off, not mentioning FMLA. Can we deny his request to designate the time as FMLA, not PTO?11/12/2010National
89979faqs.aspxQuestions & AnswersAn 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?09/23/2011National
83448faqs.aspxQuestions & AnswersAre chiropractors allowed to provide FMLA medical certification?10/01/2010National
86543faqs.aspxQuestions & AnswersAre employees who work from their home offices eligible for FMLA when they are located more than 75 miles from the home office which has over 50 employees?03/29/2011National
80531faqs.aspxQuestions & AnswersAre out of state employees included under FMLA's 50 employee threshold?08/14/2009National
81165faqs.aspxQuestions & AnswersAre the 12 weeks available for FMLA 12 work weeks (60 days) or 12 7-day weeks (84 days). Do we count weekends or just work days?11/09/2009National
81120faqs.aspxQuestions & AnswersAre we required to approve FMLA for a father, who would like to take up to 7 weeks to care for his child after the mother takes up to 6 weeks from giving birth?10/30/2009National
83364faqs.aspxQuestions & AnswersAre we required to pay an employee's residual commissions while out on an ADA unexcused absence?09/16/2010National
81541faqs.aspxQuestions & AnswersAre we required to pay the monthly incentive while the employee is out on FMLA?01/14/2010National
83537faqs.aspxQuestions & AnswersAre we required to send out a notice to employees in this situation:The employee has not requested or mentioned FMLA. They have requested time off that falls under our sick pay policy but because they are only out 2 days (let’s say for a dental 10/13/2010National
81285faqs.aspxQuestions & AnswersCan a maried male employee take FMLA leave to: (a) be with his wife during childbirth and (b) spend time "bonding" with the new child?11/30/2009National
80363faqs.aspxQuestions & AnswersCan a nonexempt employee make up FMLA leave?07/30/2009National
86476faqs.aspxQuestions & AnswersCan an employee take FMLA because his wife is donating a kidney?03/25/2011National
81553faqs.aspxQuestions & AnswersCan an employee take FMLA for a critically ill grandchild? 01/18/2010National
80416faqs.aspxQuestions & AnswersCan an employee take FMLA leave for an ex-spouse?08/06/2009National
81603faqs.aspxQuestions & AnswersCan an employee take FMLA leave to "care for the child" if the child is in the hospital?01/25/2010National
81882faqs.aspxQuestions & AnswersCan an employee take FMLA leave to care for a child over 18 with a temporary medical condition?03/10/2010National
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