Jackie approached her Human Re
Jackie approached her Human Resources representative andrequested time off under FMLA. Jackie’s son has a chronic disease,which requires him to miss significant amounts of school and Jackieto stay home and take care of him. Jackie is unsure if shequalifies to use FMLA, so she has many questions that she wouldlike answered. Based on your readings and outside research, answerthe following questions for Jackie so that she may have a betterunderstanding of FMLA and how it applies to her. Discuss anydiscrepancies in the answers with your classmates andinstructor.
How much leave is entitled to under the Family and Medical LeaveAct?
How is the 12-month period calculated under the Family andMedical Leave Act?
Does the Family and Medical Leave Act guarantee paid timeoff?
Can the employer count time on maternity leave or pregnancydisability as leave under the Family and Medical Leave Act?
Who is considered an immediate “family member,” under the Familyand Medical Leave Act, for purposes of taking FMLA leave?
Do I have to give my employer my medical records for FMLA leavedue to a serious health condition?
Answer:
How much leave is entitled to under the Family andMedical Leave Act?
FMLA approves a total of up to 12 workweeks of unpaid leaveduring any 12 month period which can be taken all at once orintermittently.
How is the 12-month period calculated under the Familyand Medical Leave Act?
12 month period is calculated by using any one of the followingmethods.
- By using the calendar year
- By using fiscal year such as any fixed 12 months of theleave year or calculated from the employee’s anniversarydate.
- The 12 month period follows the first FMLA leavetaken.
- The rolling 12 month period backward to the date ofemployees when any FMLA leave taken.
Does the Family and Medical Leave Act guarantee paidtime off?
Generally, FMLA leave is unpaid leave. However, in the case ofsick, vacation leave, personal reasons, and family leave cancontinue with the FMLA leave which allows you to get paid. In suchcondition, you must follow the rules of submitting the leave formor informing an advance. For Ex: if you have two weeks of vacationleave, you can use one week from your FMLA leave.
Can the employer count time on maternity leave orpregnancy disability as leave under the Family and Medical LeaveAct?
Under FMLA act, women can take leave during pregnancy for themedical appointments, morning sickness, and medically advised bedrest. Thus the 12 weeks of leave can take during pregnancy or afterchildbirth.
Who is considered an immediate “family member,” underthe Family and Medical Leave Act, for purposes of takingFMLA leave?
Under FMLA act, the immediate family members are the parent,children, spouse, In loco parentis who give day-to-day care orfinancial support to your children are the immediate familymembers. Both men and women have the same rights in the FMLAleave.
Do I have to give my employer my medical records forFMLA leave due to a serious health condition?
No. It is not required to produce medical records to youremployer. But, the employer has statutory rights to ask for medicalcertification which includes the medical facts of the serioushealth condition that exists.
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