What is the FMLA and how does it work?
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
What is an example of FMLA interference?
Examples of FMLA interfering with the exercise of an employee’s FMLA right include refusing to authorize FMLA leave and discouraging an employee from using such leave. Nevertheless, FMLA allows an employer to require that an employee provide a second medical opinion before approving a request for FMLA leave. Background.
What happens if an employee does not provide FMLA certification?
If an employee fails to timely submit a properly requested medical certification (absent sufficient explanation of the delay), FMLA protection for the leave may be delayed or denied. If the employee never provides a medical certification, then the leave is not FMLA leave.
How do you calculate FMLA leave entitlement?
employee would have worked during the week the employee takes FMLA leave, the employer may use a weekly average to calculate the employee’s FMLA leave entitlement. The weekly average is determined by the hours scheduled over the 12 months prior to the beginning of the leave and includes any hours for which the employee took any type of leave.
Can my employer interfere with my FMLA leave?
The employer can’t interfere with legitimate FMLA leave, but it can strive to prevent the law from turning into the “Friday and Monday leave act.” Frequently requesting Fridays or Mondays off or taking leave after objecting to new job assignments can be signs of FMLA fraud.
What are the signs of FMLA fraud?
Frequently requesting Fridays or Mondays off or taking leave after objecting to new job assignments can be signs of FMLA fraud. But an employer can’t assume that these acts amount to abuse of such leave. Instead, it must determine whether the individual is covered by the FMLA and whether the time off is protected.
What is intermittent FMLA and when is it available?
Intermittent FMLA is available to employees when he or she has a serious health condition which prevents the employee from doing his or her job or for employees with family members requiring care for a serious health condition.