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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). 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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102168faqs.aspxLeave of Absence (FMLA)Questions & Answers For an employee on FMLA, if they "make-up" time by working extra hours the next day, does the time missed on the scheduled work day still count as FMLA? 09/14/2017National
102119faqs.aspxLeave of Absence (FMLA)Questions & Answers Can we replace an employee out on FMLA leave? 08/28/2017National
102128faqs.aspxLeave of Absence (FMLA)Questions & Answers When writing up a paid family leave policy for a group of 51 employees with NJ and CA locations, what is the standard? 08/09/2017National
102125faqs.aspxLeave of Absence (FMLA)Questions & Answers If a doctor certifies the need to be out for a certain amount of hours per month, can we hold them to this? Can we legally require that employees inform us of their time out for FMLA within 24 hours? 08/08/2017National
102126faqs.aspxLeave of Absence (FMLA)Questions & Answers Do you have an "FMLA Decision Tree?" 08/01/2017National
102001faqs.aspxLeave of Absence (FMLA)Questions & Answers I have an employee that may need to request FMLA leave due to a recent heart attack. Do you have a leave request form? 07/18/2017National
102133faqs.aspxLeave of Absence (FMLA)Questions & Answers We have about 20 employees in another state who we have allowed to take FML even though there are not 50 employees within a 75 mile radius. Are we committed to continuing to offer FMLA for this group since we have set a precedent? 06/13/2017National
102130faqs.aspxLeave of Absence (FMLA)Questions & Answers An employee took a medical leave of absence. She used accrued vacation in lieu of unpaid leave. Our policy for an employee out on leave under the FMLA is that they do not accrue time off for the period of leave. Is this permitted? 04/05/2017National
101727faqs.aspxLeave of Absence (FMLA)Questions & Answers We have an employee in Kansas City who will be taking leave soon. We currently have only 35 employees in that office, is she eligible for FMLA? 04/05/2017National
102135faqs.aspxLeave of Absence (FMLA)Questions & Answers Is there a specific rule for employers (under 50 employees) to follow regarding what an employee would pay for their health insurance premium while out on a medical leave? 03/27/2017National
102136faqs.aspxLeave of Absence (FMLA)Questions & Answers How much can a direct supervisor ask about an employee's reason for leave or nature of employee's doctor's appointments once the employee has already been approved by HR for FMLA? 02/07/2017National
102137faqs.aspxLeave of Absence (FMLA)Questions & Answers I have an employee who went out but did not request FMLA leave at the time. She has since had complications and did not return back to work as expected. At what point do we start the clock on her FMLA time? 02/07/2017National
102129faqs.aspxLeave of Absence (FMLA)Questions & Answers Can an employer have someone out on FMLA come in for an interview for an internal position that they applied for? 01/19/2017National
102134faqs.aspxLeave of Absence (FMLA)Questions & Answers If I have an hourly employee who is FMLA eligible, how many hours do I use per week from their FMLA "bank"? Their average hours worked YTD (32)? Or the full 40? 11/30/2016National
100677faqs.aspxLeave of Absence (FMLA)Questions & Answers If we are a successor employer under FMLA and need to provide the same benefits the employee had with the previous employer, how do we handle the waiting period for benefits under our plan? 05/18/2016National
100505faqs.aspxLeave of Absence (FMLA)Questions & Answers An employee has been out since November 2015. Her FMLA has been exhausted and we don't believe she will return to work due to her health condition. At what point do we terminate her, or should we leave her on extended leave of absence? 04/07/2016National
100502faqs.aspxLeave of Absence (FMLA)Questions & Answers An employee is only certified for 6 weeks of FMLA leave for postpartum recovery. Is she still eligible for the full 12 weeks of FMLA leave? 04/07/2016National
100482faqs.aspxLeave of Absence (FMLA)Questions & Answers How do we handle an employee who we feel may be taking advantage of intermittent FML? Can we ask for a doctor's note each time he has to take time off for his wife's problem? 04/04/2016National
98621faqs.aspxLeave of Absence (FMLA)Questions & Answers How do you calculate whether an employee has exceeded the FMLA leave 12-week limit using a rolling 12-month period? 09/16/2015National
98589faqs.aspxLeave of Absence (FMLA)Questions & Answers An employee needs to be out 2 days for a surgery but then will need to work from home for 2 weeks while in recovery. How do you track that for FMLA Leave? Or is it just an accommodation? 09/10/2015National
98491faqs.aspxLeave of Absence (FMLA)Questions & Answers Is a contractor who is later hired as a full time employee eligible for FMLA? 08/26/2015National
98433faqs.aspxLeave of Absence (FMLA)Questions & Answers Is a person hired as a contractor for July and August, then hired as a full time employee in September eligible for FMLA? 08/07/2015National
95674faqs.aspxLeave of Absence (FMLA)Questions & Answers Can an employer request certification of birth of a child from a father? 08/03/2015National
98071faqs.aspxLeave of Absence (FMLA)Questions & Answers We have an employee who is currently on FML, but who is consistently tardy for work. 05/21/2015National
98003faqs.aspxLeave of Absence (FMLA)Questions & Answers Employee is unable to perform an essential function due to infertility treatments 04/29/2015National
95542faqs.aspxLeave of Absence (FMLA)Questions & Answers Can an employee become eligible for FMLA while on maternity leave? If so, do the leaves run concurrently? 06/12/2014National
95335faqs.aspxLeave of Absence (FMLA)Questions & Answers We are a DC employer with remote workers in other states. How do we apply state FMLA leave? 05/08/2014National
94480faqs.aspxLeave of Absence (FMLA)Questions & Answers Should we send employees a notice when they are approaching the end of their FMLA leave? 11/04/2013National
93381faqs.aspxLeave of Absence (FMLA)Questions & 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
93351faqs.aspxLeave of Absence (FMLA)Questions & Answers How do we calculate FMLA leave for part-time employees? 04/01/2013National
93273faqs.aspxLeave of Absence (FMLA)Questions & Answers One of our employees was injured while working at a second job and is on a workers' comp leave. Is he eligible for FMLA leave from our organization? 03/18/2013National
93221faqs.aspxLeave of Absence (FMLA)Questions & Answers Hello, I am aware there is a new FMLA poster that has to be up. Are there new FMLA forms we now should be using? Did the forms change from 2012? 03/08/2013National
93184faqs.aspxLeave of Absence (FMLA)Questions & Answers If a teacher has a baby in June, can she take 12 weeks of FMLA when she returns to school in the Fall? 03/01/2013National
93157faqs.aspxLeave of Absence (FMLA)Questions & Answers When an employee is out on FMLA and they are approaching their 12 weeks, at what point is the company required to notify the employee via letter that their FMLA 12 weeks will exhaust on a particular date? In addition, if the employee is out on FMLA and t 02/25/2013National
93098faqs.aspxLeave of Absence (FMLA)Questions & Answers Could you clarify the recent FMLA changes as it relates to the forms. I know they have been removed from the regulations. 02/12/2013National
93093faqs.aspxLeave of Absence (FMLA)Questions & Answers Where can I find the new FMLA poster that was updated in February 2013 to reflect the new FMLA regulations? 02/11/2013National
93030faqs.aspxLeave of Absence (FMLA)Questions & 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
92914faqs.aspxLeave of Absence (FMLA)Questions & Answers I have a part-time employee who wants to know if she is eligible for FMLA leave. Does FMLA apply to part-time employees? 01/08/2013National
92884faqs.aspxLeave of Absence (FMLA)Questions & Answers Do we have to provide an FMLA notice when an employee who has current FMLA eligibility makes a subsequent request for a different qualifying reason? 01/02/2013National
92764faqs.aspxLeave of Absence (FMLA)Questions & Answers I have an employee who just returned from active military duty and is requesting fmla for doctor visits. He hasn't worked 1250 in last 12 months. Is he eligible for FMLA? 12/05/2012National
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