Can an employee refuse to take FMLA leave?
The Department of Labor has found that employees cannot refuse to take FMLA leave. By now, most employers know that they have to provide leave under the Family and Medical Leave Act to qualifying employees if that employer has 50 or more employees within a 75-mile radius.
When does an employer have to designate leave as FMLA leave?
If the employer possesses information demonstrating that an employee suffers from a “serious health condition,” then the employer must designate the leave as FMLA leave — regardless of what the employee wants.
What are the eligibility requirements for FMLA?
The employee must have worked for their covered employer for at least one year to be eligible to apply for FMLA. The employee must have also worked 1,250 hours for their current employer in the previous 12 months and 50 percent of time scheduled.
How do I apply for FMLA medical certification?
To apply for FMLA, the employee must take an FMLA Medical Certification Form to their health care provider. This form ensures that the employee’s or family member’s applicable health condition is valid. After receiving the form, the employee must return it within 15 calendar days. After employees are approved,…
Who is responsible for designating leave as FMLA qualifying?
The employer is responsible in all circumstances for designating leave as FMLA-qualifying and giving notice of the designation to the employee. This notice must: Provide the amount of leave that is designated and counted against the employee’s FMLA entitlement, if known.
How do I invoke FMLA leave entitlement in webta?
Employees who wish to invoke entitlement to FMLA leave must complete a complete a leave request via the Leave/Premium Pay Request function in webTA or by submission of an Office of Personnel Management (OPM) Form 71, Request for Leave or Approved Absence (or the SF-71, Application for Leave, if excess copies are being used).
What is the family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) may be able to help. Whether you are unable to work because of your own serious health condition, or because you need to care for your parent, spouse, or child with a serious health condition, the FMLA provides unpaid, job-protected leave.