FMLA
Provides Job Protection
for Family- and Medical-Related
Leaves of Absence
The
Family and Medical Leave Act (FMLA) of 1993 requires any employer with
50 or more employees to provide up to 12 weeks of unpaid, job-protected
leave to eligible employees for certain family and medical reasons. After
12 months of employment, an employee becomes eligible for FMLA leave.
The FMLA also requires that an employee must work at least 1250 hours
during the twelve months immediately before FMLA leave.
An employee may request FMLA leave for:
-
the birth or adoption of a child;
- care
of a newborn child;
- care
of a spouse, child, or parent with a serious health condition; or
- an
employee's serious health condition, Generally, a serious health condition
means a condition requiring in-patient care, a condition requiring continuing
treatment by a health care provider, a condition resulting in incapacity
of more than three days, or a chronic condition.
During
a FMLA leave, the employer must continue to provide the employee with
group health-care coverage. Upon completion of the FMLA leave, the employer
must return the employee to the same job or to another job with equivalent
pay and benefits.
Under certain circumstances, an employee may take intermittent leave or
leave based upon a reduced work schedule. When an employee takes leave
because of the birth or adoption of a child, that employee may take an
intermittent or reduced-schedule leave, but only if the employer agrees.
When medically necessary, an employee may take intermittent leave or reduced-schedule
leave to care for a sick family member or for an employee's own serious
health condition. In such cases, FMLA requires the employee to provide
certification by the health-care provider attesting the requested leave
is medically necessary, as well as the expected duration and schedule
of the leave. To accommodate a request for intermittent or reduced-schedule
leave, an employer may transfer an employee to another position with equivalent
pay and benefits.
At Maricopa, requests for FMLA leave are processed through the Human Resources
Department.
Published
in the Winter 2000 Edition of In Brief
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