What is FMLA FMLA and how does it work?
FMLA allows an employee to take up to 12 weeks of unpaid leave a year for such things as the birth of a child, military duty, or serious illness or injury to the employee or an immediate family member. Employees can take up to 26 weeks a year to care for a covered military service member with a serious injury or illness.
When does an employer have to notify an employee of FMLA leave?
Under the regulations, an employer must notify an employee whether leave will be designated as FMLA leave within five business days of learning that the leave is being taken for a FMLA-qualifying reason, absent extenuating circumstances.
What is the FMLA benefit year for the University of Minnesota?
The University of Minnesota defines its FMLA benefit year the same as the University’s fiscal year (July 1–June 30). Employees do not have to take all their FMLA leave at once. They can take it intermittently or as part of a reduced work schedule if medically necessary.
How long can an employee be absent from work under FMLA?
If the employee has worked fewer than 12 months but needs to take a leave of absence for an FMLA-qualifying event, they may meet the 12-month requirement while they are absent from work. Their time away from work counts toward their length of employment.
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.
Do small employers have to comply with the FMLA?
Small employers are not required to comply with the FMLA. This includes companies with less than 50 employees. Check with these employers directly to see if they have any of their own unpaid leave policies in place. What Employees Are Eligible? While the FMLA only applies to certain employers, it only impacts certain employees, as well.