Family Medical Leave Act (FMLA) Frequently Asked Questions
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If you are an eligible employee, you are entitled to 12 weeks of FMLA leave for certain family and medical reasons during a 12-month period.
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Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.
The patient's spouse, children, and parents are also considered immediate family and may be eligible to take leave to care for the patient. -
No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid family medical leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.
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No. The 12 months do not have to be continuous or consecutive; all time worked for the employer is counted.
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No. You do not have to provide medical records under the Family and Medical Leave Act. The employer may, however, request that, for any leave taken due to a serious health condition, you provide a medical certification confirming that a serious health condition exists.
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If you are an "eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied leave under the Family and Medical Leave Act.