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The Family and Medical Leave Act (FMLA) Overview

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Certification for FMLA Leave

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Employers may require an employee to provide a certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the family member.

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Maximum Leave Duration under FMLA

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Eligible employees are entitled to 12 workweeks of leave in a 12-month period for specified family and medical reasons.

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Military Caregiver Leave under FMLA

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Eligible employees are entitled to 26 workweeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, child, parent, or next of kin.

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Intermittent and Reduced Schedule FMLA Leave

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FMLA allows leave to be taken intermittently or on a reduced schedule when medically necessary for the serious health condition of the employee or family member, or for military caregiver leave.

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FMLA Leave for Employee's Own Serious Health Condition

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FMLA permits leave for an employee who is unable to work due to their own serious health condition.

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FMLA Leave for Adoption or Foster Care

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Eligible employees can take FMLA leave for the placement of a child for adoption or foster care and to care for the newly placed child within one year of placement.

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Notice Requirements for Employees Taking FMLA Leave

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Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable, or as soon as practicable when not.

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Key Employee Exception under FMLA

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Certain highly compensated 'key' employees may be denied job restoration if such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer.

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FMLA Job Protection Provision

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On return from FMLA leave, an employee must be restored to their original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

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Eligibility Requirements for FMLA Leave

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Employees are eligible if they have worked for the employer for at least 12 months, have at least 1,250 hours of service during the 12 months prior to the leave, and if the employer has at least 50 employees within 75 miles.

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FMLA Leave for Birth and Care of Newborn

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FMLA allows eligible employees to take leave for the birth of a child and to care for the newborn child within one year of birth.

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Maintenance of Health Benefits under FMLA

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While on FMLA leave, an employer must maintain the employee's health coverage under any group health plan on the same terms as if the employee had continued to work.

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FMLA Leave for Immediate Family Member's Serious Health Condition

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FMLA leave can be taken to care for an employee's spouse, child, or parent who has a serious health condition.

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FMLA Leave for Qualifying Exigencies

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Eligible employees can take up to 12 weeks of FMLA leave for qualifying exigencies arising out of a family member's active duty or call to active duty in the National Guard or Reserves in support of a contingency operation.

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Interference with FMLA Rights

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It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under FMLA.

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