FAQ Friday Category FMLA

Only specifically speaking about FMLA, and not disability ꟷ the FMLA does not require that a diagnosis be provided. A serious health condition is determined by the regimen of treatment that a claimant is undergoing. The FMLA defines a serious…

Although your organization’s heart might be in the right place to grant leave prior to the birth of one’s child, this does not always constitute an FMLA-qualified leave. The FMLA defines incapacity due to pregnancy as a serious health condition…

Changing FMLA counting methods can be challenging and requires keen attention to detail, but may well be worth the effort for your organization. Although a rolling backwards calendar can be the most complex to administer without the assistance of software,…

It is great that your company can allow for flexibility for your employees as this can be crucial to supporting work-life balance. This flexibility can also be helpful for those with chronic conditions, or for caregivers, as it may limit…

When an employee seeks leave due to a previously approved FMLA leave, the employee must reference the qualifying reason or the need for FMLA leave. Calling in “sick” without additional information is not sufficient notice. If the employee fails to…

Absent an established employer policy providing a longer grace period, if this employee is on FMLA leave, you cannot terminate his health insurance benefits unless the premium payment is more than 30 days late, and you give him at least…

Section 29 CFR 825.105(b) of the FMLA regulations states: “the FMLA applies only to employees who are employed within any State of the United States, the District of Columbia or any Territory or possession of the United States.” Therefore, if…

The Family and Medical Leave Act (FMLA) allows eligible employees to take leave for foster care placement and to bond with the newly placed child within one year of placement. To be eligible, the employee must have worked for your…

Given the situation, you should ask the employee for a recertification. An employer generally may ask an employee to provide a recertification no more often than every 30 days and only in connection with the employee’s absence. However, if a…

The FMLA’s treatment of overtime depends on whether the overtime is mandatory or voluntary. Section 825.205(c) of the FMLA regulations provides that if an employee would normally be required to work overtime but is unable to do so because of…