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Family And Medical Leave Act Of 1993 Application Form - Metropolitan School District Of Wayne Township

YOUR RIGHTS UNDER THE

FAMILY AND MEDICAL

LEAVE ACT OF 1993

FMLA requires covered employers to provide up to twelve weeks of unpaid, job protected leave to

“eligible” employees for certain family and medical reasons. Employees are eligible if they have

worked for a covered employer for at least one year, and for 1250 hours over the previous twelve

months, and if there are at least fifty employees within 75 miles.

REASONS FOR TAKING LEAVE:

Unpaid leave must be granted for any of the following reasons:

to care for the employee’s child after birth, or placement for adoption or foster care;

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to care for the employee’s spouse, son or daughter, or parent, who has a serious medical

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condition; or

for a serious health condition that makes the employee unable to perform the employee’s job.

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Employees shall be required to take any applicable accrued leave such as sick leave as a part of

leave pursuant to this policy. These days shall run concurrently with the non-paid leave benefit.

ADVANCED NOTICE AND MEDICAL CERTIFICATION:

The employee may be required to provide advance leave notice and medical certification. Taking of

leave may be denied if the requirements are not met.

The employee ordinarily must provide 30 days advance notice when the leave is “foreseeable”.

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An employer may require certification to support a request for leave because of a serious health

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condition and may require second or third opinions (at the employer’s expense) and a fitness for

duty report to return to work.

JOB BENEFITS AND PROTECTION:

For the duration of FMLA leave, the employer must maintain the employee’s health coverage

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under any "group" health plan.

Upon return from FMLA leave, most employees must be restored to their original or equivalent

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positions with equivalent pay, benefits, and other employment terms.

The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior

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to the start of an employee leave.

UNLAWFUL ACTS BY EMPLOYERS:

Interfere with, restrain, or deny the exercise of any right provided under FMLA;

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Discharge of discriminate against any person for opposing any practice made unlawful by

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FMLA or for involvement in any proceeding under or relating to FMLA.

Family And Medical Leave Act Of 1993 Application Form - Metropolitan School District Of Wayne Township