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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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80487faqs.aspxQuestions & AnswersAccording to FMLA, retroactive designation of leave is allowed if employers fail to provide timely notice and the delay does not cause employee harm or injury; or if the employer and employee mutually agree. How could this cause the emmployee harm? National
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? National
80860faqs.aspxQuestions & AnswersAre there "critical" roles in an organization which may not be eligible for FMLA because to have them out for an extended period would be detrimental to the organization? National
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? National
80331faqs.aspxQuestions & AnswersAt what point can I discipline an employee on leave for not providing status updates? National
80390faqs.aspxQuestions & AnswersCan an employee use FML for care of a parent out of the country? National
81130faqs.aspxQuestions & AnswersCan an exempt employee take intermittent leave after the birth of a child? How do I pay her? National
80920faqs.aspxQuestions & AnswersCan I retroactively designate FMLA leave after discovering that the employee was eligible for FMLA? National
80815faqs.aspxQuestions & AnswersCan we legally lay off an employee on FMLA leave? National
80865faqs.aspxQuestions & AnswersCan we pay out all benefits when an employee retrns from FMLA leave? National
79291timesavers.aspxFormsCertification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385, For Use Beginning January 16, 2009) National
79290timesavers.aspxFormsCertification of Qualifying Exigency For Military Family Leave (WH-384, For Use Beginning January 16, 2009) National
81049faqs.aspxQuestions & AnswersCompany that has 40 employees wants to know if they exit the PEO does FMLA kick in immediately or after their FEIN has been re-established for a year? National
80488faqs.aspxQuestions & AnswersCould you explain how FMLA for an employee's serious illness and then for military caregiver leave would be coordinated if 2 separate calculation methods are being used? National
80413faqs.aspxQuestions & AnswersDoes an employer have to accept an employee's statement regarding the length of an appointment or can the employer request certification? National
17635state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: "No fault" attendance policies National
17627state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: 'Rolling' 12-month leave period and the 1250 hours test for eligibility National
76836state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Cafeteria plan allotments and maintenance of group health benefits during FMLA leave National
17633state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Counting Employees from temporary agencies National
17638state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Defer to arbitration agreements National
76839state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Dental insurance plan as a group health plan and continuation of benefits for instructional employees during summer vacation National
17643state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Employee notice for unforeseeable leave National
17640state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Failure to notify of FMLA eligibility status National
17630state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Fitness for duty and drug testing National
17634state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: FMLA and paid disability, sick and vacation eave; remedies for violation National
17642state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: FMLA, workers' compensation leave, posting notices National
17641state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Intermittent leave for birth or adoption of child National
17644state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Leave entitlement for part-time/variable hours employees National
76840state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Making contributions to multi-employer group health plans for employees on FMLA leave National
17632state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Medical Recertification and 29 CFR Part 825.308 National
17628state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: New Medical Certifications and 2nd or 3rd Opinions National
17629state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Placement of child for foster care or adoption National
17639state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Retesting hours worked eligibility for intermittent leave National
76838state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: SCA health and welfare payments and maintenance of group health benefits during FMLA leave National
17637state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Section 101(12)(B) son or daughter 18 years or older National
17631state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Substitution of paid sick or medical leave National
17636state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Terminated in violation National
76835state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Vacating employer-provided lodging while on FMLA leave National
76837state_comparison_charts.aspxGuidance DocumentsDOL Opinion Letter: Whether FMLA leave counts as hours worked for future health insurance eligibility National
1540timesavers.aspxFormsEmployee's Acknowledgement of Review of Employer Leave Policies National