Eligibility To be eligible for leave under this policy, employees must meet all of the following requirements: Have worked at least twelve 12 months for [Company Name]. Have worked at least 1, hours for [Company Name] over the twelve 12 months preceding the date the leave would commence.
Currently work at a location where there are at least fifty 50 employees within seventy-five 75 miles. Reasons for Leave To qualify as FMLA leave under this policy, the leave must be for one of the following reasons: The birth of a child or placement of a child with the employee for adoption or foster care.
To care for a spouse, child or parent who has a serious health condition. For a serious health condition that makes the employee unable to perform the essential functions of his or her job. For any qualifying exigency arising out of the fact that a spouse, child or parent is a military member on covered active duty or on call to covered active duty status.
To care for a covered service member with a serious injury or illness. Intermittent Leave or a Reduced Work Schedule Employees may take FMLA leave in one consecutive block of time, may use the leave intermittently take a day periodically when needed over the year or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced hour schedule. Employee Status and Benefits During Leave [Company name] will continue an employee's health benefits during the leave period at the same level and under the same conditions as if the employee was continuously at work.
Employee Status After Leave An employee who takes leave under this policy may be asked to provide a fitness for duty clearance from a health care provider. Use of Paid and Unpaid Leave An employee who is taking FMLA leave because of the employee's own serious health condition or the serious health condition of a family member must use all paid vacation, personal or sick leave prior to being eligible for unpaid leave.
Definitions Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
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Contact Us FMLA applies to any public or private employer with 50 or more employees, as well as to all public agencies, and public and private elementary and secondary schools, regardless of number of employees. A covered employer must post a notice in the workplace concerning the FMLA and how employees may qualify under its provisions click here PDF for the official poster from the U. Department of Labor. Click here for the Spanish-language poster. Even though all governmental public employers and all elementary and secondary schools are covered employers regardless of how many employees they have, individual eligibility requirements may still render an employee ineligible to take FMLA leave - see the following item.
This rule recognizes that employees who have already used the FMLA and know their situation qualifies for FMLA leave can be expected to know the rules and provide more extensive notice. Employees must give notice at least 30 days in advance if their need for FMLA leave is foreseeable for example, for non-emergency surgery.
An employee who does not give 30 days' notice must explain why such notice was not practicable, if the employer requests. Employees who need leave for an unforeseeable reason must give as much notice as is practicable, usually the same or next business day after the employee learns of the need for leave. FMLA leave is unpaid. An employee who wants to substitute paid leave available under a company policy for unpaid FMLA leave must meet all of the notice and other procedural requirements of company policy.
For example, if your company requires two weeks' advance notice for vacation requests, an employee must give notice two weeks in advance to substitute vacation time for FMLA leave, even if the employee needs FMLA leave for an emergency that wasn't foreseeable two weeks in advance. The employee is still entitled to FMLA leave for that time, but can be prohibited from substituting paid leave until the two-week notice period has passed. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Employer Notice Requirements Employers must give employees a series of notices about their rights under the FMLA and their obligations when using leave. The regulations that interpret the FMLA divide these notice requirements into four separate documents: A general notice , which must be posted conspicuously this can be done electronically, as long as it's accessible to employees and applicants.
The general notice must also be distributed to employees, either as part of the employee handbook or other written materials or as part of the paperwork given to each new hire. An eligibility notice , which must be provided to employees who request FMLA leave.
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