Family and Medical Leave Act (FMLA)

How do I qualify for FMLA leave?

To qualify for FMLA leave, you must meet specific criteria like working for a covered employer, which includes private employers with 50 or more employees, government agencies, and certain educational institutions. You should have worked for the employer for at least 12 months and have logged at least 1,250 hours of service during that time.

How much FMLA leave am I entitled to?

Eligible employees are entitled to up to 12 weeks of job-protected unpaid leave within a 12-month period. However, there are specific circumstances where you may be eligible for up to 26 weeks of leave to care for a covered military servicemember.

Can my employer require me to use my paid leave during FMLA?

Yes, your employer can require you to use any accrued paid leave (such as vacation or sick days) concurrently with your FMLA leave. This means your paid leave and FMLA leave will run at the same time.

What medical conditions are covered under FMLA?

FMLA provides leave for serious health conditions that make an employee unable to perform their job or for specific family-related situations, including the birth, adoption, or foster placement of a child and caring for a family member with a serious health condition. “Serious health condition” generally refers to an illness, injury, impairment, or physical or mental condition that involves inpatient care, ongoing treatment, or chronic conditions requiring periodic recovery or treatment.

Can I be laid off while on FMLA leave?

While employees are afforded job and benefit protections during their Family and Medical Leave Act (FMLA) leave, it is important to note that they are not completely immune from layoffs or other forms of termination as long as such actions are unrelated to their FMLA leave. FMLA regulation 825.216 (a) applies. The regulation states: “An employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. An employer must be able to show that an employee would not otherwise have been employed at the time reinstatement is requested in order to deny restoration to employment.” As the regulation indicates, it is the employer’s responsibility to demonstrate that the layoff was unrelated to the employee’s FMLA leave.

Can my employer dictate when and how I take FMLA intermittent leave?

While employers have the right to determine the scheduling of intermittent FMLA leave when it is foreseeable and can minimize disruption, they cannot unreasonably interfere with an employee’s use of intermittent leave. Employees must make a reasonable effort to schedule their leave in a way that minimizes disruption to the employer’s operations. However, employers cannot dictate the specific days or hours of leave if it is medically necessary or if the leave is being used for certain family-related situations.

How is intermittent FMLA leave tracked and counted?

Intermittent FMLA leave is typically tracked in increments as small as one hour. Employers may use different methods to track the leave, such as using an electronic timekeeping system or requiring employees to submit timecards indicating the hours taken for FMLA. The total hours of intermittent leave taken within a given 12-month period should not exceed the maximum amount of FMLA leave the employee is entitled to.