Question

Jackie approached her Human Resources representative and requested time off under FMLA. Jackie's son has a chronic disease, which requires him to miss significant amounts of school and Jackie to stay home and take care of him. Jackie is unsure if she qualifies to use FMLA, so she has many questions that she would like answered. Based on your readings and outside research, answer the following questions for Jackie so that she may have a better understanding of FMLA and how it applies to her. Discuss any discrepancies in the answers with your classmates and instructor. How much leave is entitled to under the Family and Medical Leave Act? How is the 12-month period calculated under the Family and Medical Leave Act? Does the Family and Medical Leave Act guarantee paid time off? Can the employer count time on maternity leave or pregnancy disability as leave under the Family and Medical Leave Act? Who is considered an immediate "family member," under the Family and Medical Leave Act, for purposes of taking FMLA leave? Do I have to give my employer my medical records for FMLA leave due to a serious health condition?

Answer 1

How much leave is entitled to under the Family and Medical Leave Act?

FMLA approves a total of up to 12 workweeks of unpaid leave during any 12 month period which can be taken all at once or intermittently.

How is the 12-month period calculated under the Family and Medical Leave Act?

12 month period is calculated by using any one of the following methods.

• By using the calendar year
• By using fiscal year such as any fixed 12 months of the leave year or calculated from the employee's anniversary date.
• The 12 month period follows the first FMLA leave taken.
• The rolling 12 month period backward to the date of employees when any FMLA leave taken.

Does the Family and Medical Leave Act guarantee paid time off?

Generally, FMLA leave is unpaid leave. However, in the case of sick, vacation leave, personal reasons, and family leave can continue with the FMLA leave which allows you to get paid. In such condition, you must follow the rules of submitting the leave form or informing an advance. For Ex: if you have two weeks of vacation leave, you can use one week from your FMLA leave.

Can the employer count time on maternity leave or pregnancy disability as leave under the Family and Medical Leave Act?

Under FMLA act, women can take leave during pregnancy for the medical appointments, morning sickness, and medically advised bed rest. Thus the 12 weeks of leave can take during pregnancy or after childbirth.

Who is considered an immediate "family member," under the Family and Medical Leave Act, for purposes of taking FMLA leave?

Under FMLA act, the immediate family members are the parent, children, spouse, In loco parentis who give day-to-day care or financial support to your children are the immediate family members. Both men and women have the same rights in the FMLA leave.

Do I have to give my employer my medical records for FMLA leave due to a serious health condition?

No. It is not required to produce medical records to your employer. But, the employer has statutory rights to ask for medical certification which includes the medical facts of the serious health condition that exists.