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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 1-FMLA Compliance Guide: Integration with Other Leave Laws  National
82433state_comparison_charts.aspxGuidance 2-FMLA Compliance Guide: Employer Coverage and Employee Eligibility  National
83234surveys.aspxSurveys 2010 Family Leave Practices Survey Results  National
83235state_comparison_charts.aspxGuidance 2010 Family Leave Practices Survey Results (for Nonsubscribers)  National
83239state_comparison_charts.aspxGuidance 2010 Family Leave Practices Survey Results (Summary)  National
83240state_comparison_charts.aspxGuidance 2010 Fringe Benefit Survey Series--Family Leave Practices  National
89955surveys.aspxSurveys 2011 Family Leave Survey Results  National
94320surveys.aspxSurveys 2013 Employee Leave Survey Data  National
94321surveys.aspxSurveys 2013 Employee Leave Survey Summary  National
82432state_comparison_charts.aspxGuidance 3-FMLA Compliance Guide: Qualifying Reasons for FMLA Leave  National
82431state_comparison_charts.aspxGuidance 4-FMLA Compliance Guide: FMLA Leave Notice and Medical Certification  National
82430state_comparison_charts.aspxGuidance 5-FMLA Compliance Guide: Pay and Benefits During FMLA Leave  National
82429state_comparison_charts.aspxGuidance 6-FMLA Compliance Guide: Return from FMLA Leave  National
82428state_comparison_charts.aspxGuidance 7-FMLA Compliance Guide: Recordkeeping and Enforcement  National
80903faqs.aspxQuestions & Answers A commissioned based employee needs intermittent FMLA leave. His pay structure is drawn against commission. How can we reduce his pay while he is on leave? 10/01/2009National
84026faqs.aspxQuestions & 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? 12/17/2010National
93030faqs.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? 01/30/2013National
85573faqs.aspxQuestions & 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. 02/18/2011National
81526faqs.aspxQuestions & 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? 01/12/2010National
92986state_comparison_charts.aspxGuidance Administrator Interpretations Letter: Clarification of the Definition of “Son or Daughter” under Section 101(12) of FMLA  National
91067state_comparison_charts.aspxGuidance Administrator Interpretations Letter: Definition of “Son or Daughter” Under FMLA  National
95007news.aspxNews American Bar Association releases FMLA case report 03/06/2014National
85669faqs.aspxQuestions & 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? 02/23/2011National
93381faqs.aspxQuestions & Answers An employee has a child with disabilities and has asked if FMLA will cover school meetings the employee needs to attend. The meetings are related to the child's disabilities. 04/08/2013National
85330faqs.aspxQuestions & 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? 02/08/2011National
92373faqs.aspxQuestions & Answers An employee is on interminent FMLA - can we require a doctor's note each time the employee is absent for her condition? 10/02/2012National
84473faqs.aspxQuestions & Answers An employee is on intermittent FMLA for migraines. She has now requested FMLA for surgery. Can she take two types of FMLA? 01/05/2011National
92064faqs.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? 08/01/2012National
88961faqs.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? 07/22/2011National
85673faqs.aspxQuestions & 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? 02/24/2011National
82056faqs.aspxQuestions & Answers An employee's wife is bedridden because of her pregnancy. Can he take FMLA to care for their other children? 04/13/2010National
83726faqs.aspxQuestions & 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? 11/12/2010National
89979faqs.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? 09/23/2011National
83448faqs.aspxQuestions & Answers Are chiropractors allowed to provide FMLA medical certification? 10/01/2010National
86543faqs.aspxQuestions & 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? 03/29/2011National
80531faqs.aspxQuestions & Answers Are out of state employees included under FMLA's 50 employee threshold? 08/14/2009National
81165faqs.aspxQuestions & 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? 11/09/2009National
81120faqs.aspxQuestions & 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? 10/30/2009National
83364faqs.aspxQuestions & Answers Are we required to pay an employee's residual commissions while out on an ADA unexcused absence? 09/16/2010National
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