Related
Laws:
A number of states have also enacted
family and medical leave laws, some of which provide
greater amounts of leave and benefits than those provided
by FMLA, and/or provide benefits to employees who are
not eligible for FMLA leave. In those situations where
an employee is covered by both Federal and state FMLA
laws, the employee is entitled to the greater benefit
or more generous rights provided under the different
parts of each law. Some employees may also be entitled
to protections provided by the Americans with Disabilities
Act (ADA), which is administered by the Equal Employment
Opportunity Commission (EEOC).
The following is a list of Valid Reasons
for Leave. If the reason for leave falls into one of
these areas, and the employee is an eligible employee,
the employee is entitled to the benefits of FMLA leave.
- Birth of a son or daughter to the employee and in
order to care for such son or daughter.
- Placement of a son or daughter with the employee
for adoption or foster care.
- Family leave in order to care for a spouse, son,
daughter, or parent of the employee if such spouse,
son, daughter, or parent has a serious health condition.
- Serious health condition that makes the employee
unable to perform their job.
As an employee, the following is a
list of your responsibilities:
- Provide notice to your employer of the need for
leave.
a) for leave that is foreseeable -- 30 days notice.
b) for leave that is unforeseeable -- as soon as practicable.
c) comply with the employer’s rules for requesting
leave. See Regulations 29 CFR Part 825.302(d).
- Advise your employer if leave is to be taken intermittently
or on a reduced leave schedule basis.
- Provide medical certification for leave taken as
a result of a serious health condition if required
by your employer.
- Comply with arrangements to make group health benefit
co-payments.
- Periodically advise your employer of your intent
to return to work at the conclusion of leave, if required
by your employer.
- Notify your employer of any change in the circumstances
for which leave is being taken.
- Provide your employer with a fitness for duty certification
if required by your employer, when leave was taken
for your own serious health condition.
- Once you have reviewed your responsibilities, we
encourage you to review Employee Rights/Benefits.
The following is a list of your rights
and benefits as an eligible FMLA employee:
- 12 weeks of unpaid FMLA leave in a 12-month period.
- continuation of group health benefits during FMLA
leave.
- restoration to the same or an equivalent job upon
return to work.
- retention of accrued benefits.
- protection from discrimination as a result of taking
FMLA leave.
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