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Labor and Employment FAQs

• Q: How quickly does my employer have to let me know if I am eligible to take leave under the revised Family and Medical Leave Act (“FMLA”)?
  A: Except in extraordinary circumstances, your employer must decide whether you are eligible to take leave under the FMLA within five business days of the date that you … More
• Q: Do I have to give my employer documentation of my eligibility to take leave under the revised Family and Medical Leave Act (“FMLA”)?
  A: When your employer decides whether you are eligible for FMLA leave, your employer must also give you information about the requirements to take FMLA leave, such as … More
• Q: Can my employer contact my doctor about my medical condition if I take leave under the revised Family and Medical Leave Act (“FMLA”)?
  A: Any contact between your employer and your doctor is subject to the Health Insurance Portability and Accountability Act (“HIPAA”) privacy rules. Your … More
• Q: How often can my employer ask for medical certification for my leave under the revised Family and Medical Leave Act (“FMLA”)?
  A: Your employer can ask for medical certification after 30 days, unless the leave period is expected to last more than 30 days, in which case the employer must wait … More
• Q: How much notice do I have give my employer if I intend to take leave under the revised Family and Medical Leave Act (“FMLA”)?
  A: If you can foresee the time period during which you will need to take leave, such as if you will be giving birth to or adopting a child, then you must give your … More
• Q: How much information do I have to give my employer about my reason for taking leave under the revised Family and Medical Leave Act (“FMLA”)?
  A: You have to give your employer sufficient information about your need for FMLA leave, as well as the timing and length of your leave. Sufficient information … More
• Q: If I need to take leave under the revised Family and Medical Leave Act (“FMLA”) that is not foreseeable, do I still have to follow my employer’s call-in rules for absences?
  A: Yes. Unless extraordinary circumstances prevent you from doing so, you must call in or otherwise follow your employer’s usual procedures for reporting that … More
• Q: When I want to return to work after taking leave under the revised Family and Medical Leave Act (“FMLA”), can my employer require that I provide a doctor’s statement that I am able to return to work?
  A: Yes. Your employer can require that you get documentation from your doctor that you are able to resume your regular duties at work, if the employer has a uniform … More
• Q: Can I take leave under the revised Family and Medical Leave Act (“FMLA”) for hours that I am required to work overtime?
  A: Yes. As long as you provide your employer with the proper medical certification, you can take FMLA leave for your mandatory overtime hours. More
• Q: Can I use my paid vacation or sick time as leave under the revised Family and Medical Leave Act (“FMLA”)?
  A: Yes. You can choose to use paid vacation or sick time if you need to take leave under the FMLA. Your employer can also make you use up your paid time when … More
• Q: What is the National Defense Authorization Act (“NDAA”)?
  A: The NDAA amends the Family and Medical Leave Act (“FMLA”) to include certain provisions for military families. Essentially, under the NDAA, military … More

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