FMLA – Family Medical Leave Act

The Family Medical Leave Act (FMLA) is a federal law requiring employers with 50 or more employees to provide job-protected leaves to employees who:

• have a serious health condition that prevents them from working;
• have a parent, child, or spouse with a serious health condition;
• have a newly born, adopted, or foster child;
• have a parent, child, or spouse who is going on active military duty; or
• have a parent, child, or spouse who is seriously injured while on active military duty.

Depending on the medical need, FMLA leave can be consecutive, intermittent, or on a reduced schedule. Employees on FMLA leave are entitled to be reinstated into their old job or an equivalent position. In addition, a number of states, including California, have their own family leave laws.

Employers: It takes only one confused or misinformed supervisor to cost your organization tens of thousands of dollars in an FMLA lawsuit.

Below you will find our answered Ask the Lawyers questions and eNews articles, grouped under FAQ categories.

FAQs

• What are employee rights under Family & Medical Leave Act
• What are manager rights under Family & Medical Leave Act

What are employee rights under Family & Medical Leave Act

• Can I be written up for being late while on FMLA?
• Can my boss announce that I had to leave early?
• Do I qualify for FMLA protection if I work at a small company headquartered in Japan?
• Can my supervisor complain about me when I’m out on FMLA?
• Can I work as an independent contractor while out on FMLA?
• Is the fact (not the reason for) that an employee took FMLA leave confidential information?
• Real Men Take Paternity Leave
• What am I allowed to do while on FMLA leave?
• Do phone calls count as FMLA leave?
• Can you be fired for reporting FMLA violations?
• Is my employer allowed to tell others I was on disability?

What are manager rights under Family & Medical Leave Act?

• When can the employer require updated medical information?
• What can HR ask my doctor about my FMLA?
• Who can see an employee’s FMLA paperwork?
• Can we fire an employee who has used up his FMLA leave?
• Can an employer check the authenticity of a sick note?
• Can I consider FMLA time when evaluating candidates for promotion?
• Is it legal to fire a person on authorized maternity leave and replace her with a new hire?