Define: FMLA

Answer: FMLA stands for the Family and Medical Leave Act, which is a federal law that provides eligible employees with unpaid leave for specific family and medical reasons.

Answer: Employees are eligible for FMLA if they have worked for their employer for at least 12 months, have worked at least 1,250 hours during the previous 12 months, and work at a location where the employer has at least 50 employees within a 75-mile radius.

Answer: FMLA allows eligible employees to take leave for various reasons, including the birth or adoption of a child, caring for a seriously ill family member, or dealing with their own serious health condition.

Answer: Eligible employees are entitled to up to 12 weeks of unpaid leave within a 12-month period for FMLA-qualifying reasons. However, in certain circumstances, such as military caregiver leave, the entitlement may be extended.

Answer: Employers cannot deny FMLA leave if the employee meets the eligibility criteria and the reason for leave qualifies under FMLA. However, employers can request medical certification to verify the need for leave.

Answer: Yes, FMLA allows eligible employees to take intermittent leave or work a reduced schedule when medically necessary or for certain qualifying reasons, such as caring for a newborn or newly adopted child.

Answer: Employers are not required to hold an employee’s exact position open while on FMLA leave. However, they must reinstate the employee to an equivalent position with equivalent pay, benefits, and terms upon their return.

Answer: Yes, employees can choose to use their accrued paid leave during FMLA leave to receive compensation. However, employers may require employees to exhaust their paid leave before taking unpaid FMLA leave.

Answer: No, it is illegal for employers to retaliate against employees for exercising their rights under FMLA. Retaliation can include termination, demotion, or any adverse employment action.

Answer: Yes, if your employer violates your FMLA rights, you may file a complaint with the Department of Labor or pursue a lawsuit against your employer for FMLA violations. It is advisable to consult with an employment attorney for guidance in such situations.