What does the family and Medical Leave Act require?
The Family and Medical Leave Act requires employers to provide employees with time off (without pay) for serious family and personal medical conditions requiring care, as well as the birth, adoption, or placement of a child into foster care, and emergencies arising from a family member’s active military duty
How long does an employer have to give an employee for medical leave?
An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. The employer must allow the employee at least 15 calendar days to obtain the medical certification.
When to return to work after a medical leave of absence?
If it is not possible to give an exact date when the employee will return to work, an approximate date should be given. For example, if the surgery requires 60 days of recovery, the employee can say they will return about 60 days after the surgery.
Can a serious illness qualify for FMLA time off?
Not every illness or ailment counts as an FMLA-qualified serious health condition. Under the federal Family and Medical Leave Act (FMLA), eligible employees have the right to take time off to care for a family member with a serious health condition or to recuperate from their own serious health condition, among other things.
What happens when an employee goes on medical leave?
Employees with health problems present many challenges for employers, given the extensive regulation and general sensitivities surrounding medical issues. While a company might manage without an absent employee for a short time, the longer the absence—or the more frequent intermittent absences become—the more problematic the issue.
When to use the family and Medical Leave Act?
To deal with a serious health condition of your own or of a family member. For specified reasons related to certain military deployments or to care for a covered service member. For the birth of a child and to bond with the newborn, or placement of a child with the employee for adoption or foster care.
Do you have to return to work after medical leave?
They can perform the essential functions of the job with a reasonable accommodation, but they do not return to work after the employer-provided (offered) accommodation. Even where there is no legal requirement to accommodate a request for unpaid time-off, employers should proceed with caution before terminating an employee.
When to take FMLA leave for substance abuse treatment?
– Family and Medical Leave Act Advisor. FMLA leave may only be taken for substance abuse treatment provided by a health care provider or by a provider of health care services on referral by a health care provider. Absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave . The employer may…