Norristown Area School District Family & Medical Leave Forms Kit Page 5
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13FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to ''eligible'' employees for certain
family and medical reasons. Employees are eligible if they have worked for their employer for at least one year, and for 1,250
hours over the previous 12 months, and if there are at least 50 employees within 75 miles. The FMLA permits employees to
take leave on an intermittent basis or to work a reduced schedule under certain circumstances.
• Upon return from FMLA leave, most employees
must be restored to their original or equivalent
positions with equivalent pay, benefits, and other
Unpaid leave must be granted for any of the following
employment terms.
• The use of FMLA leave cannot result in the loss
reasons:
• to care for the employee's child after birth, or placement
of any employment benefit that accrued prior to
the start of an employee's leave.
for adoption or foster care;
• to care for the employee's spouse, son or daughter, or
parent who has a serious health condition; or
• for a serious health condition that makes the employee
unable to perform the employee's job.
FMLA makes it unlawful for any employer to:
At the employee's or employer's option, certain kinds of
• interfere with, restrain, or deny the exercise of any
paid leave may be substituted for unpaid leave.
right provided under FMLA:
• discharge or discriminate against any person for
opposing any practice made unlawful by FMLA or for
involvement in any proceeding under or relating to
FMLA.
The employee may be required to provide advance leave
notice and medical certification. Taking of leave may be
denied if requirements are not met.
• The employee ordinarily must provide 30 days advance
• The U.S. Department of Labor is authorized to
notice when the leave is ''foreseeable.''
investigate and resolve complaints of violations.
• An employer may require medical certification to
• An eligible employee may bring a civil action against
support a request for leave because of a serious health
an employer for violations.
condition, and may require second or third opinions (at
FMLA does not affect any Federal or State law prohibiting
the employer's expense) and a fitness for duty report to
discrimination, or supersede any State or local law or
return to work.
collective bargaining agreement which provides greater
.
family or medical leave rights
• For the duration of FMLA leave, the employer must
maintain the employee's health coverage under any
“group health plan.''
If you have access to the Internet visit our FMLA website:
To locate your nearest
Wage-Hour Office, telephone our Wage-Hour toll-free
information and help line at 1-866-4USWAGE (1-866-487-
9243): a customer service representative is available to
assist you with referral information from 8am to 5pm in
your time zone; or log onto our Home Page at
U.S. Department of Labor
.
Employment Standards Administration
Wage and Hour Division
WH Publication 1420
Washington, D.C. 20210
Revised August 2001
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