Attorneys

Family Medical Leave Act (FMLA) FAQs

• 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
• Q: Are There Any Restrictions On How I Spend My Time While On Leave?
  A: Employers with established policies regarding outside employment while on paid or unpaid leave may uniformly apply those policies to employees on FMLA leave. … More
• Q: ¿Puede Mi Empleador Hacer Preguntas Acerca de Mi Salida Durante mi Ausencia?
  A: Sí, pero solamente a usted. Su empleador puede formularle preguntas para confirmar si su salida califica para los propósitos de FMLA, y puede requerir … More
• Q: Can My Employer Refuse To Grant Me Fmla Leave?
  A: If you are an "eligible" employee who has met FMLA's notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you … More
• Q: Will I Lose My Job If I Take Fmla Leave?
  A: Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking … More
• Q: Can My Employer Fire Me For Complaining About A Violation Of Fmla?
  A: No. Nor can the employer take any other adverse employment action on this basis. It is unlawful for any employer to discharge or otherwise discriminate against an … More
• Q: Does An Employer Have To Pay Bonuses To Employees Who Have Been On Fmla Leave?
  A: The FMLA requires that employees be restored to the same or an equivalent position. If an employee was eligible for a bonus before taking FMLA leave, the employee … More
• Q: Under What Circumstances Is Leave Designated As Fmla Leave And Counted Against The Employee's Total Entitlement?
  A: In all circumstances, it is the employer's responsibility to designate leave taken for an FMLA reason as FMLA leave. The designation must be based upon information … More
• Q: Can My Employer Count Fmla Leave I Take Against A No Fault Absentee Policy?
  A: No.
• Q: Are There Other Circumstances In Which My Employer Can Deny Me Fmla Leave Or Reinstatement To My Job?
  A: In addition to denying reinstatement in certain circumstances to "key" employees, employers are not required to continue FMLA benefits or reinstate … More