What are the rules of FMLA?

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12 …

What does FMLA protect from?

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Does FMLA protect your position?

Whether you are unable to work because of your own serious health condition, or because you need to care for your parent, spouse, or child with a serious health condition, the FMLA provides unpaid, job-protected leave. Leave may be taken all at once, or may be taken intermittently as the medical condition requires.

Why is FMLA unpaid?

The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. When paid leave is used for an FMLA-covered reason, the leave is FMLA-protected.

Can you collect unemployment while on unpaid medical leave?

May employees receive unemployment while on unpaid FMLA leave? Some state unemployment laws define “unemployed” in ways that could result in employees being entitled to unemployment benefits. Employees on leave under the federal Family and Medical Leave Act (FMLA) are not generally considered to be unemployed.

What happens if I can’t return to work after FMLA?

When an employee fails to return to work, any health and non-health benefit premiums that the FMLA permits an employer to recover are a debt owed by the non-returning employee to the employer. Alternatively, the employer may initiate legal action against the employee to recover such costs.

Do you have to pay back FMLA?

What happens to my health insurance if I don’t return from FMLA leave? If you do not return after taking FMLA leave, then your employer may require you to pay back the money it paid to maintain your health insurance during your leave.

Can FMLA be denied?

It is against the law for a covered employer to deny an eligible employee’s proper request for FMLA leave. Your employer can’t require you to perform any work while you are on approved FMLA leave. It is also illegal for a covered employer to retaliate against an eligible employee who requests FMLA leave.

What happens when an employee returns to work after FMLA leave?

Upon returning to work after a FMLA leave, the employer must restore the employee to the job she held before she took the leave of absence. If the same job isn’t available when the employee comes back, the law says the employer must restore the employee to an “equivalent job with equivalent pay, benefits,…

Can an employer ask an employee if they are on FMLA?

Employers should use forms that are compliant with the California Family Rights Act, rather than the FMLA, so they don’t ask unauthorized questions under state law. Communicating with the employee about his or her leave status is important, Devitt said. Significantly, the employer must notify the employee when FMLA ends.

How long can I take FMLA leave?

If you work for an employer that is covered by the FMLA, and you are an eligible employee, you can take up to 12 weeks of FMLA leave in any 12-month period for a variety of reasons, including:

What is job restoration under FMLA?

Job Restoration. Upon returning to work after a FMLA leave, the employer must restore the employee to the job she held before she took the leave of absence. If the same job isn’t available when the employee comes back, the law says the employer must restore the employee to an “equivalent job with equivalent pay, benefits,…