Attorneys

Family Medical Leave Act (FMLA) FAQs

• Q: Does The Law Guarantee Paid Time Off?
  A: No. 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 leave, such as … More
• Q: Does Workers Compensation Leave Count Against An Employees Fmla Leave Entitlement?
  A: It can. FMLA leave and workers' compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the … More
• Q: Can The Employer Count Leave Taken Due To Pregnancy Complications Against The 12 Weeks Of Fmla Leave For The Birth And Care Of My Child?
  A: Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12­month period. If the employee has to use some of that leave for another reason, … More
• Q: Can The Employer Count Time On Maternity Leave Or Pregnancy Disability As Fmla Leave?
  A: Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted … More
• Q: If An Employer Fails To Tell Employees That The Leave Is Fmla Leave, Can The Employer Count The Time They Have Already Been Off Against The 12 Weeks Of Fmla Leave?
  A: In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated … More
• Q: May I Take Fmla Leave For Visits To A Physical Therapist, If My Doctor Prescribes The Therapy?
  A: Yes. FMLA permits you to take leave to receive "continuing treatment by a health care provider," which can include recurring absences for therapy treatments such as … More
• Q: Do The 12 Months Of Service With The Employer Have To Be Continuous Or Consecutive?
  A: No. The 12 months do not have to be continuous or consecutive; all time worked for the employer is counted.
• Q: Do The 1,250 Hours Include Paid Leave Time Or Other Absences From Work?
  A: No. The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included.
• Q: How Do I Determine If I Have Worked 1,250 Hours In A 12-Month Period?
  A: Your individual record of hours worked would be used to determine whether 1,250 hours had been worked in the 12 months prior to the commencement of FMLA leave. As a … More
• Q: Do I Have To Give My Employer My Medical Records For Leave Due To A Serious Health Condition?
  A: No. You do not have to provide medical records. The employer may, however, request that, for any leave taken due to a serious health condition, you provide a medical … More
• Q: Can My Employer Require Me To Return To Work Before I Exhaust My Leave?
  A: Subject to certain limitations, your employer may deny the continuation of FMLA leave due to a serious health condition if you fail to fulfill any obligations to … More