Family and Medical Leave Act

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. Eligible employees are entitled to:
Twelve workweeks of leave in a 12-month period for:
o the birth of a child and to care for the newborn child within one year of birth;
o the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
o to care for the employee’s spouse, child, or parent who has a serious health condition;
o a serious health condition that makes the employee unable to perform the essential functions of his or her job;
o any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
Twenty-six work weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Intermittent or reduced schedule leave: Employees have the right to take FMLA leave all at once, or, when medically necessary, in separate blocks of time or by reducing the time they work each day or week. Intermittent or reduced schedule leave is also available for military family leave reasons. However, employees may use FMLA leave intermittently or on a reduced leave schedule for bonding with a newborn or newly placed child only if they and their employer agree.

Paid/Unpaid leave: FMLA leave is unpaid, but employees may use paid leave at the same time they take FMLA leave if the reason they are using FMLA leave is covered by the employer’s paid leave policy. An employer may also require an employee to use their paid leave during FMLA leave.

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