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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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