Family and Medical Leave Act (29 U.S.C. s. 2601) (29 C.F.R. s. 825.100)
- Employers with 50 or more employees must provide 12 weeks of unpaid leave during any 12
month period for the birth or placement of a child, or because of the serious health
condition of the employee, the employee's spouse, child or parent.
- It is the responsibility of the employer to designate leave as FMLA leave as soon as the
employer has information that the leave is for a FMLA reason.
- When the leave concerns a serious medical condition, the employer may require
certification from a health care provider.
- Except for health care benefits, all seniority and benefits are frozen until the
employee returns from leave. The employer must maintain health care coverage for the
duration of the leave on the same basis that it was provided before the leave began.
- Persons on leave due to serious medical conditions may have intermittent and reduced
schedule leave when medically necessary.
- An employee out on a FMLA leave is entitled on return from such leave to be restored to the position of employment held by the employee when the leave commenced or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
- It is unlawful for an employer to interfere with, retrain, deny or retaliate against an employee who is exercising or attempting to exercise the right to take FMLA leave. (29 U.S.C. s. 2615)
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