FMLA QUESTIONS AND ANSWERS

Fmla frequently asked questions

Do you know the FMLA questions and answers that are critical to your employment?



Well, Hello my name is Yancey and I'm an employee who takes the time to learn my basic employee rights.



Every employee should learn what FMLA (Family Medical Leave Act) questions and answers they should ask and receive from their employer.


Your time is valuable so let's get right to the FMLA questions and answers that are important to you. This page will continue to be updated as new FMLA changes occur. The following are many of the FMLA questions and answers employees should be aware of.


What exactly is FMLA?
What does "eligible" employee mean?
How much leave does an eligible employee get?
Who do I ask for FMLA time off from work?
How do I request leave for FMLA?
Are all employers required to give FMLA leave?
What are the situations an eligible employee can take family or medical leave?
Do I have to give my company proof of family or medical need to take FMLA leave?
Can I be fired for requesting or taking FMLA leave?
Can my company refuse to give me FMLA leave if I'm eligible?
Is FMLA leave paid time off?
If I file a complaint about my FMLA being violated, can I lose my job?
Do States have family leave laws?
What is the definition of a "serious" health condition?
How is "family member" defined?
Are my health insurance and employee benefits affected by FMLA leave?

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fmla questions and answers

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FMLA Faq

What exactly is FMLA?
(FMLA) is the Family and Medical Leave ACT passed in 1993 to help eligible employees keep their employment and benefits when taking time off to care for a child or serious medical condition for themselves or immediate family member.
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What does "eligible" employee mean?
Employees are can take FMLA leave if they have worked for a minimum of 12 months and at least 1,250 hours in the previous 12 months with their employer. Under federal guidelines the employer has to have at employ at least 50 employees who live within 75 miles of work.
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How much leave does an eligible employee get?
"Eligible" employees receive 12 weeks of unpaid leave for specific family and medical conditions over a 12 month period of time.
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Who do I ask for FMLA time off from work?
Your immediate supervisor or human resources (HR) are the appropriate sources to request FMLA.
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fmla questions and answers

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How do I request leave?
Eligible employees must give 30 prior notice to the need to take FMLA, if the need for leave is "foreseeable". If the leave is an emergency, the employee must notify the employer as soon as possible. If 30 day "foreseeable" notice is not given to the employer the FMLA leave can be delayed.
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Are all employers required to give FMLA leave?
All employers with at least 50 employees living within 75 miles of the worksite and 50 employees having worked 20 or more weeks in the previous or current year. All public agencies are required to give FMLA leave regardless of the number of employees. This includes all schools private or public.
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What are the situations an eligible employee can take family or medical leave?
You can take FMLA leave for the following reasons:

• the birth and care of a child
• the adoption and foster care of a child
• your own "serious health condition" preventing you from performing your job
• the care of a spouse, parent or child with a "serious health condition"
• care for family member in the military with a "serious health condition"

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Do I have to give my company proof of family or medical need to take FMLA?
The Family and Medical Leave Act gives your boss the right to require medical certification of your need to take time off. Your employer can also make you get second, third or follow up certifications from medical professionals if your employer pays for them.
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fmla questions and answers

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Can I be fired for requesting or taking FMLA leave?
In most situations your company can't fire you for taking FMLA leave. Your employer can't interfere with, restrain or deny your right to use any part of FMLA the law provides. Your employer can't use FMLA leave in negative employment activities like denying promotions, hiring, raises, discipline or count it against "no fault" attendance policies.
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Can my company refuse to give me FMLA leave if I'm eligible?
Employers cannot deny FMLA leave to "eligible" employees who not used up their leave for the year. Also if the employee has met the "notice" and any "certification" requirements .
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Is FMLA leave paid time off work?
FMLA leave is unpaid time off. However, your employer can require you to use any paid vacation, sick leave for part or all the FMLA leave. Paid leave taken can be counted against the 12 week FMLA you are entitled to.
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If I file a complaint about my FMLA being violated, can I lose my job?
NO! Your company can't legally take any adverse action against you for this. This includes discrimination and termination.
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fmla questions and answers

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Fmla Questions and Answers

Do States have family leave laws?
There are several states that have FMLA laws. If your state has a Fmla law seek a qualified attorney to see how your state family-leave laws influence your Federal FMLA rights.Some of these states have leave in addition to FMLA. The following is a link to State Family Leave laws.
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What is the definition of a "serious" health condition?
Knowing what FMLA questions and answers to be aware of is important when it comes to understanding what a serious health condition means. The FMLA law defines a serious health condition as;

1. An illness,injury,impairment, physical or mental condition that involves either a period of incapacity or treatment with inpatient care (i.e. an overnight stay) in a hospice, residential medical care facility, hospital; and any period of incapacity or subsequent treatment in connection with such inpatient care; or
   
   
2. Continuing treatment by a health care provider that includes a period of incapacity due to:

   a. A health condition (including treatment or recovery) lasting more than three consecutive days, that also includes treatment two or more times by a health care provider or one such treatment that involves a continuing regimen of treatments; or

   b. Pregnancy or prenatal care; or

   c. A chronic serious health condition that continues over an extended period of time., requires periodic visits to a health care provider and may involve occasional episodes of incapacity (examples, diabetes and asthma); or

   d. A permanent or long-term condition for which treatment is not particularly effective (examples, cancer,Alzheimer's or stroke); or

   e. Any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than three days if not treated (examples, radiation and chemotherapy treatments for cancer).

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fmla questions and answers

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How is "family member" defined?
Family member under FMLA is the employee's spouse, son or daughter and immediate parents of the employee. "In-laws" and grandparents are not included in the law. However, this is changing, at least where grandparents are involved.

Children 18 years or older are excluded unless they are "incapable of self-care" due to some physical or mental disability that limits one or more of the "major life activities" which are also defined by the (EEOC) Equal Employment Opportunity Commission and the (ADA) Americans with Disabilities Act.

The term "spouse" means a husband or wife, as the case may be. The term "son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis (in the place of a parent) such as biological grandparents.
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Are my health insurance and employee benefits affected by FMLA leave?
The U.S. Department of Labor says, "A covered employer is required to maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. Where appropriate, arrangements will need to be made for employees taking unpaid FMLA leave to pay their share of health insurance premiums.

For example, if the group health plan involves co-payments by the employer and the employee, an employee on unpaid FMLA leave must make arrangements to pay his or her normal portion of the insurance premiums to maintain insurance coverage, as must the employer. Such payments may be made under any arrangement voluntarily agreed to by the employer and employee.

An employer's obligation to maintain health benefits under FMLA stops if and when an employee informs the employer of an intent not to return to work at the end of the leave period, or if the employee fails to return to work when the FMLA leave entitlement is exhausted.

The employer's obligation also stops if the employee's premium payment is more than 30 days late and the employer has given the employee written notice at least 15 days in advance advising that coverage will cease if payment is not received. In some circumstances, the employer may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave."
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fmla questions and answers

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These are but a few of the fmla questions and answers that job seekers and employees should be aware of. FMLA questions and answers also involve many changes in the Family and Medical Leave Act that went into effect on January 16, 2009. Follow this link for many more answers to FMLA questions.


My new sites provides the MOST current changes affecting career seekers and employees. Some employers are constantly working to take away the rights of employees. Follow this link to EMPLOYEE RIGHTS GUIDE, EMPLOYEE WORKPLACE RIGHTS and EMPLOYEE RIGHTS QUESTIONSfor the latest employee news you can use!





The most complete information on FMLA questions and answers YOUR BOSS may not want you to know is The Essential Guide to Family & Medical Leave.

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