FMLA Part II: Leave Entitlement

According to the United States Department of Labor, employees who are eligible under FMLA may take up to 12 work weeks of unpaid leave during a 12 month period due to one  or more of the following reasons:

  • For the birth and care of a newborn child of the employee
  • For the placement with the employee of a son or daughter for adoption or foster care
  • To care for a spouse, son, daughter or parent with a serious health condition
  • To take medical leave when the employee is unable to work because of a serious health condition
  • For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation

A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider for a condition that prevents the employee or the qualified family member from performing the functions of their job. Employees can also take leave in blocks on a “reduced leave schedule” when medically necessary with reasonable efforts to schedule the leave so as not to disrupt the employer’s operations. Additionally, during FMLA leave, the 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. When the employee returns to work, they are to be restored to their original job, or to an equivalent job with equivalent pay, benefits and other terms and conditions of employment.

To view the full code of federal regulations regarding FMLA, please click here.

The final post in the series will discuss appropriate notice and certification under FMLA.

*This article is intended to provide general guidance and should not be considered legal advice.

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About ERA: Employee Resource Administration
Employee Resource Administration is a Dallas-based PEO firm. The company was founded on the basis of providing professional human resource and administrative services to small and medium sized employers. ERA focuses on its ability to provide greater professional services tailored to meet the specific needs of our clients. While providing competitive insurance products to its clients, the focus and mission of ERA is to provide services that give relief from administrative functions that inhibit our clients from doing what they do best - promoting, managing, and expanding their own business.

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