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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.
Summary for [Your State]
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Death in Family
Disabilities (ADA)
ERISA
Fair Labor Standards Act (FLSA)
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Date
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87139
faqs.aspx
Questions & Answers
(1) Can we designate FMLA leave retroactively? (2) If an employee does not submit certification, can we still designate leave as FMLA?
04/22/2011
National
82434
state_comparison_charts.aspx
Guidance Documents
1 FMLA Overview: Integration with Other Leave Law Requirements
National
82433
state_comparison_charts.aspx
Guidance Documents
2 FMLA Employer Coverage and Employee Eligibility Requirements
National
83234
surveys.aspx
Surveys
2010 Family Leave Practices Survey Results
National
83235
state_comparison_charts.aspx
Guidance Documents
2010 Family Leave Practices Survey Results (for Nonsubscribers)
National
83239
state_comparison_charts.aspx
Guidance Documents
2010 Family Leave Practices Survey Results (Summary)
National
83240
state_comparison_charts.aspx
Guidance Documents
2010 Fringe Benefit Survey Series--Family Leave Practices
National
89955
surveys.aspx
Surveys
2011 Family Leave Survey Results
National
82432
state_comparison_charts.aspx
Guidance Documents
3 Qualifying Reasons for FMLA Leave
National
82431
state_comparison_charts.aspx
Guidance Documents
4 FMLA Leave Notice and Medical Certification
National
82430
state_comparison_charts.aspx
Guidance Documents
5 Pay and Benefits During FMLA Leave
National
82429
state_comparison_charts.aspx
Guidance Documents
6 Return from FMLA Leave
National
82428
state_comparison_charts.aspx
Guidance Documents
7 FMLA Recordkeeping and Enforcement
National
80903
faqs.aspx
Questions & Answers
A commissioned baed employee needs intermitten FMLA leave. His pay structure is draw against commission. How can we reduce his pay while on leave?
10/01/2009
National
84026
faqs.aspx
Questions & Answers
A 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?
12/17/2010
National
85573
faqs.aspx
Questions & Answers
A 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.
02/18/2011
National
81526
faqs.aspx
Questions & Answers
A 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?
01/12/2010
National
85669
faqs.aspx
Questions & Answers
An 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?
02/23/2011
National
85330
faqs.aspx
Questions & Answers
An employee is certified for intermittent FMLA. When she is absent, can we request documentation that she actually had treatment for her medical condition?
02/08/2011
National
84473
faqs.aspx
Questions & Answers
An employee is on intermittent FMLA for migraines. She has now requested FMLA for surgery. Can she take two types of FMLA?
01/05/2011
National
88961
faqs.aspx
Questions & 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?
07/22/2011
National
85673
faqs.aspx
Questions & Answers
An 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?
02/24/2011
National
82056
faqs.aspx
Questions & Answers
An employee's wife is bedridden because of her pregnancy. Can he take FMLA to care for their other children?
04/13/2010
National
83726
faqs.aspx
Questions & Answers
An 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?
11/12/2010
National
89979
faqs.aspx
Questions & 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?
09/23/2011
National
83448
faqs.aspx
Questions & Answers
Are chiropractors allowed to provide FMLA medical certification?
10/01/2010
National
86543
faqs.aspx
Questions & Answers
Are 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?
03/29/2011
National
80531
faqs.aspx
Questions & Answers
Are out of state employees included under FMLA's 50 employee threshold?
08/14/2009
National
81165
faqs.aspx
Questions & Answers
Are 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?
11/09/2009
National
81120
faqs.aspx
Questions & Answers
Are 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?
10/30/2009
National
83364
faqs.aspx
Questions & Answers
Are we required to pay an employee's residual commissions while out on an ADA unexcused absence?
09/16/2010
National
81541
faqs.aspx
Questions & Answers
Are we required to pay the monthly incentive while the employee is out on FMLA?
01/14/2010
National
83537
faqs.aspx
Questions & Answers
Are 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
10/13/2010
National
81285
faqs.aspx
Questions & Answers
Can a maried male employee take FMLA leave to: (a) be with his wife during childbirth and (b) spend time "bonding" with the new child?
11/30/2009
National
80363
faqs.aspx
Questions & Answers
Can a nonexempt employee make up FMLA leave?
07/30/2009
National
86476
faqs.aspx
Questions & Answers
Can an employee take FMLA because his wife is donating a kidney?
03/25/2011
National
81553
faqs.aspx
Questions & Answers
Can an employee take FMLA for a critically ill grandchild?
01/18/2010
National
80416
faqs.aspx
Questions & Answers
Can an employee take FMLA leave for an ex-spouse?
08/06/2009
National
81603
faqs.aspx
Questions & Answers
Can an employee take FMLA leave to "care for the child" if the child is in the hospital?
01/25/2010
National
81882
faqs.aspx
Questions & Answers
Can an employee take FMLA leave to care for a child over 18 with a temporary medical condition?
03/10/2010
National
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