Family and Medical Leave Act (FMLA)

Question 1

FMLA

Answer 1

Provides qualified EEs of covered ERs with up to 12 WEEKS of unpaid, job-protected leave per year for the illness or medical care of EE or a member of his or her family, or for the birth or adoption of a child

Question 2

EEs Covered by FLMA

Answer 2

EEs defined using Economic Realities Test

Must have worked for a covered EE for:

(1) At least 12 MONTHS;
(2) At least 1,250 HOURS over past 12 months; and
(3) Works at location where ER has 50 or more EEs within 75 miles

Question 3

ERs Covered by FLMA

Answer 3

(1) Private ERs with 50 or more EEs
(2) All public agencies
(3) All public/private elementary and secondary schools

Question 4

Notice to ER

Answer 4

EE must provide ER with enough information for the employer to determine whether FMLA applies to EE’s request for leave

EE must give ER notice asap and practicable under circumstances

When need for leave is foreseeable, the EE must give 30 days’ notice

Question 5

Certification

Answer 5

ER may require certification of medical condition by healthcare provider

Question 6

Job Restoration

Answer 6

EE has right to come back to the same job or a comparable job in terms of pay and benefit

Question 7

Prohibition on Discrimination

Answer 7

ER cannot discriminate against EE for exercising FMLA rights

Question 8

Enforcement of FMLA

Answer 8

May be enforced by EE or DOL