ANSWERS TO FMLA QUESTIONS

FMLA QUESTIONS

Answers to FMLA questions, Family Medical Leave answers and more FMLA questions are emerging in the ever-changing workplace.

Hello, my name is Yancey and this page is dedicated to providing the latest answers to FMLA questions for every "eligible" employee.

Eligible employees must have been employed for at least 12 months and worked a minimum of 1250 hours for their employers.

Employees that meet the FMLA eligibility requirements receive up to 12 weeks of unpaid leave in any 12 month length of time for the following:

birth or adoption of a child
care for a child or "immediate family member"
employee's own serious medical condition

I will continue adding answers to FMLA questions on this page as the FMLA law changes.

Does FMLA count against workers' compensation time off?
How is FMLA leave calculated?
Does the 1250 hours include other time off or paid leave?
In a no fault absentee policy can my company count FMLA against it?
Is pregnancy disability and maternity leave counted as FMLA leave?
Can my employer dictate how I spend my FMLA leave time?
Can my company make me come back to work before I use up all my FMLA leave?
Will I get my same job back once I return from FMLA leave?
What is meant by a medical certification?
Will my medical certification info by kept confidential?
What does intermittent FMLA leave mean?
Am I required to disclose my medical record to my employer to take FMLA leave?
How do I figure out if I have worked 1,250 hours in a 12 month period?
What about holidays and FMLA leave?
Is my employer required to inform me of FMLA leave?
How is FMLA applied if both husband and wife work for the same employer?
Are there any FMLA documents or forms to fill out?

answers to fmla questions

Does FMLA count against workers' compensation time off?
One of the most important answers to FMLA questions involve whether workers' compensation and FMLA can be taken together. The key is there has to be a qualifying "serious medical condition" or personal injury.
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How is FMLA leave calculated?
According to the U.S. Department of Labor, your employer select from one of the following four options:

the calendar year;

any fixed 12 month "leave year" such as a fiscal year, a year required by state law, or a year beginning on the "anniversary" of your hire date

the 12 month time forward from the begin date of the first FMLA leave

a "rolling" 12 month time measured backward from the date an employee uses FMLA leave

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Does the 1250 hours include other time off or paid leave?
The 1250 hours are actual time worked. They do not include FMLA leave, paid or unpaid leave.
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In a no fault absentee policy can my company count FMLA against it?
A "no fault attendance policy" involve a specific number of days an employee can absent before being disciplined or terminated. Employers can not count FMLA against this policy.
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Is pregnancy disability and maternity leave counted as FMLA leave?
Yes, both maternity and pregnancy leave qualify as a "serious health condition" under FMLA.
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Can my employer dictate how I spend my FMLA leave time?
Unless your employer has some established outside employment policy, either paid or unpaid it may not dictate how your leave is taken. However, if you have not met the FMLA requirements such as medical certification or proper reason for taking leave FMLA, you will not be entitled to FMLA protections.
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answers to fmla questions

Can my company make me come back to work before I use up all my FMLA leave?
If you don't provide proper medical certification or re certification depending on specific limitations your employer can discontinue your FMLA Leave.
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Will I get my same job back once I return from FMLA leave?
After FMLA leave, an employee must be given his or her original job, or an "equivalent"job.

This must be virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions.

However the DOL states,"Under limited circumstances where restoration to employment will cause "substantial and grievous economic injury" to its operations, an employer may refuse to reinstate certain highly-paid, salaried "key" employees.

In order to do so, the employer must notify the employee in writing of his/her status as a "key" employee (as defined by FMLA), the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after so notifying the employee."
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What is meant by medical certification?
Medical certification involves the employee providing proof to the employer of the need to take FMLA leave. Employers usually have a form used under FMLA to provide medical evidence. Employees obtain the forms from the Human Resource Department and then gives them to their health care provider for completion.The employer must allow the employee at least 15 calendar days to obtain the medical certification.
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Will my medical certification info by kept confidential?
Yes. According to the Equal Employment Opportunity Commission (EEOC) Your FMLA medical record must be kept seperate and confidential from your "usual personnel file".
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What does intermittent fmla mean?
Leave may be taken in all at once or on an intermittent basis, which includes "on" and "off" absences, and a reduced leave work schedule. Follow this link to learn more about intermittent fmla.
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Am I required to disclose my medical record to my employer to take FMLA leave?
Under Dept. of Labor (DOL) guidelines you are not required to disclose your medical record to your employer. But, your employer can require any for a serious health condition you provide medical certification.
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answers to fmla questions

How do I figure out if I have worked 1,250 hours in a 12 month period?
Your actual record of time worked is used to determine the 1,250 hours completed before the start of FMLA leave. Answers to FMLA questions provides the following examples to estimate whether you have met the eligibility requirement.

24 hours worked in each of the 52 weeks of the year; or

over 104 hours worked in each of the 12 months of the year; or

40 hours worked per week for more than 31 weeks (over seven months) of the year.

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What about holidays and FMLA leave?
If you are off work a full week off for intermittent leave and there is a holiday that week, you are not entitled to an extra day of leave under the FMLA. However, you take intermittent FMLA say for rehab every Thursday and it falls on the Thanksgiving holiday your employer may not count that day as FMLA leave.
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Is my employer required to inform me of FMLA leave?
When getting answers to FMLA questions this one is really important. Your employer is obligated to tell you about your FMLA rights and responsibilities. Your employer must answer any questions you have about FMLA. If you are disabled, your company is required follow all appropriate state and federal anti-discrimination laws such as the (ADA) Americans with Disabilities Act.

You must be giving you FMLA info in a readily available way, such as posters, FMLA documentation, etc. Your employer has to give specific written notice to employees of their rights and obligations under the FMLA and explain what happens if the employee does not fulfill his or her obligations when taking FMLA leave.
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How is FMLA applied if both husband and wife work for the same employer?
When both spouses work for the same employer, both cannot separately take 12 weeks of FMLA leave. However, if you work for the same employer, the two of them can take up to 12 weeks in combination. For example, the husband takes 6 weeks and the wife 6 weeks or any combination totaling 12 weeks. If they do not work for the same company, the right to take leave under FMLA applies equally to both husband and wife. They both can take 12 weeks of FMLA leave.
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Are there any FMLA documents or forms to fill out?
As this answers to FMLA questions page has previously noted, your employer is required to provide you with all necessary documentation, posters or forms required to complete the process of taking FMLA leave. New Family and Medical Leave Act guidelines took place on January 16, 2009.
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The new regulations included reference to new required notices to employees and a new required workplace poster. The Department of Labor (“DOL”) has also included suggested sample notices, new recommended medical certification forms, and a new poster. Follow this link to the DOL website for the FMLA form examples.

answers to fmla questions

As you can see getting the right answers to FMLA questions is important for both the employer and the employee. There is much more information concerning the Family Medical Leave Act. The new changes that went into effect on January 16th affect both civilian and military employees that makes obtaining the right answers to FMLA questions even more important. Follow this link for more Fmla questions and answers.

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