The Family and Medical Leave Act (FMLA) requires covered employers to
provide up to 12 weeks of unpaid, job-protected leave to “eligible” employees
for certain family and medical reasons. Employees are eligible if they have
worked for a covered employer for at least one year, and for 1,250 hours over
the previous 12 months, and if there are at least 50 employees within 75 miles.
REASONS FOR TAKING LEAVE: Unpaid leave must be granted for any
of the following reasons:
To care for the employee’s child after birth, or placement for adoption or foster care;
To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
For a serious health condition that makes the employee unable to perform the employee’s job.
At the employee’s or employer’s option, certain kinds of paid leave may be substituted for unpaid leave.
ADVANCE NOTICE AND MEDICAL CERTIFICATION:
The employee may
be required to provide advance leave notice and medical certification. Taking
of leave may be denied if requirements are not met.
The employee ordinarily must provide 30 days advance notice when the leave is “foreseeable.”
An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.
JOB BENEFITS AND PROTECTION:
For the duration of FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.”
Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
UNLAWFUL ACTS BY EMPLOYERS: FMLA makes it unlawful for any employer
Interfere with, restrain, or deny the exercise of any right provided under FMLA;
Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
FMLA does not affect any federal or state law prohibiting discrimination,
or supersede any state or local law or collective bargaining agreement which
provides greater family or medical leave rights.
For additional information on the Family and Medical Leave Act of 1993,
UWSP Personnel Office
Stevens Point, WI 54481