Fmla Leave Case Study

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Employers need to understand the basic laws involved with the Family and Medical Leave Act. The FMLA offers qualified employees the right to take unpaid leave in certain situations. Employers need to know what is involved, what the employees' rights are, and what the business' rights are.

What is a qualified employee entitled to under the FMLA?

With basic FMLA leave, an eligible employee is entitled to up to 12 weeks of unpaid leave to handle personal and family situations. These situations include the birth or adoption of a child, being unable to work due to being pregnant or having a serious medical condition, or the need to care for a child, spouse, or parent with a serious medical condition.

Military family members can also use FMLA …show more content…
What basic benefits and protections are included with FMLA leave?

Employers have certain obligations when an employee goes on FMLA leave. First, the employer must maintain the person's health insurance benefits under the same terms as it was when the employee was working.

When the employee returns to work, the employer must put that person back into the same or similar position, with equivalent pay and benefits.

If an employee uses FMLA leave, it cannot be used to deprive the employee of benefits earned prior to the leave.

Which employees are eligible?

To be eligible for FMLA leave, an employee must work for a company that employs 50 or more employees within 75 miles. That employee must have been employed for at least 12 months, though that does not have to be contiguous employment. That employee must have worked a minimum of 1250 hours in the past 12 month period.

What is defined as a serious health condition covered by …show more content…
The FMLA also includes coverage for employee pregnancy or chronic health conditions.

How can employees use leave?

Employees have the right to use leave as a single block, in intermittent blocks, or as a reduced work schedule when medically necessary. Employees must make a reasonable effort to schedule leave for planned medical treatments at such times which would minimize disruption to the employer's operations.

Employees can choose, or employers can require, that paid leave be used in conjunction with paid leave. The employee must follow the employer's normal policies in regards to paid leave.

What are employee responsibilities?

If FMLA leave is foreseeable, the employee must give 30 days notice to the employer. If the leave was not foreseeable, the employee must give notice as soon as possible and must comply with normal call-in procedures.

The employee must provide sufficient information to show the requested leave qualified under FMLA guidelines. This can include doctor's opinions and reports, hospitalization records, and military records. The employee may have to recertify the leave is still required at some
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