b'Family Medical Leave Act (FMLA)Who, What, Why . . . Who does it apply to: Employers with 50 or more employees forAre there records I must keep regarding leave: Yes, you must 20 or more work weeks in the current or past calendar year mustretain records on the dates and times leave is taken, any medical provide benefits, but only to employees: (1) with at least 1250certifications, or notices to or from the employee regarding leave, hours (including overtime) in the 12 months before the start ofall payroll data regarding the leave period, documents describing leave; (2) who work at a location where the employer has 50 orleavepoliciesandrecordsofanydisputeswithemployees more employees within 75 miles; and (3) who have worked forconcerning the designation of leave as FMLA leave.the employer for at least 12 months within the last seven years.When can leave be taken:Leave should be taken all at once or What is required: If the above requirements are met, employersin large blocks, except in the case of a serious health condition must allow the employee to take up to 12 weeks of unpaid leavewhen leave may be taken intermittently.Where the need for leave within a 12-month period for (1) the birth of a child(includingis foreseeable, the employee is required to give 30 days notice.adoption or foster care); (2) caring for a spouse, child, or parent (not including in-laws) with a serious health condition; and (3) anIs the leave paid: Employers are not required to pay during the employees serious health condition. leave, but an employer can require the employee to use sick days during the period.The employer must maintain health insurance What is a serious health condition:It includes in-patient carebenefits for the employee while out; however, the employee is still (i.e. an overnight stay in a hospital) and/or on-going treatmentresponsible for their portion of any premium while on leave. by a physician for the employee or other covered person.On-going treatment by a physician can be for:Do I have to keep the position open: No, but as a practical matter,Aperiodofincapacityinvolvinginabilitytowork,attendyou should.Upon return to work, the employee must be given school, or perform daily activities for more than 3 days anda position that offers the same money, same level of authority, necessitating follow-up treatment;andsamelevelofresponsibility. Theonlytimechangingthe Health care related to pregnancy;employees position is viable is in the case of a serious health Incapacity for serious health condition;condition that requires intermittent leave from a position that wont Permanent or long-term incapacitation for chronic seriousaccommodate it.health condition; andAbsencetoreceivemultipletreatmentforconditionthatWhataretheconsequencesoffailingtocomply:Withintwowould likely result incapacitation for 3 days. yearsoftheincident(threeyears,iftheviolationwaswillful), the employee can sue in federal court or report the issue to the Can I require the employee to prove the need for leave: Yes,Department of Labor, which may investigate on its own.Damages you may require the employee to provide a medical certificationto the employee include not just the lost wages or benefits, but from a health care provider.The employee must then deliveralso attorneys fees, expenses, and an extra amount equal to their the certification within 15 days.You can request a secondeconomic damages as a penalty.opinion only if you have a reason to doubt the validity of the certification.Once leave begins, you may require an additionalWhat do I do if I feel the employee is trying to abuse the system:certification every 30 days, unless the certification indicated thatDont take matters into your own hands.Contact your lawyer.The the minimum duration of the condition would be more than 30consequences of a violation can be severe, and the minute details days. In the latter case, you cannot request recertification untilof the law are beyond the scope of this guide.You may have the certified period has elapsed, except that, in all cases, yourights, but you should have input from someone qualified to assist may request recertification every six months. you.89'