Rights under the Family and Medical Leave Act (FMLA) of 1993
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to
"eligible" employees for certain family and medical reasons. Employees are eligible if they have
worked for a covered employer for at least one (1) year and for at least 1,250 hours over the previous
12 months and if there are at least 50 employees within 75 miles.
Reasons for Taking the Leave
Leave must be granted for any of the following reasons:
► To care for the employee's child after birth or placement for adoption or foster care;
► To care for the employee's spouse, son or daughter or parent who has a serious health
► For a serious health condition that makes the employee unable to perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid
leave and counted against the 12-workweek entitlement.
Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical certification. Leave may
be denied if requirements are not met.
The employee ordinarily must provide 30 days' advance notice when the leave is "foreseeable."
► An employer may require medical certification to support a request for leave because of a
serious health condition and may require second or third opinions (at the employer's expense)
and fitness-for-duty report to return to work.
Job Benefits and Protection
For the duration of FMLA leave, the employer must maintain the employee's health coverage under
any "group health plan."
► Upon return from FMLA leave, most employees must be restored to their original or
equivalent positions with equivalent pay, benefits and other employment terms.
► The use of FMLA leave cannot result in the loss of any employment benefit that accrued
prior to the start of an employee's leave.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
► Interfere with, restrain or deny the exercise of any right provided under FMLA;
► Discharge or discriminate against any person for opposing any practice made unlawful by
FMLA or for involvement in any proceeding under or relating to FMLA.
► The U.S. Department of Labor is authorized to investigate and resolve complaints of
► An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any federal or state law prohibiting discrimination or supersede any state law
or local policy which provides greater family or medical leave rights.
For additional information, contact the nearest office of Wage and Hour Division, listed in most
telephone directories under U.S. Government, Department of Labor.
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Note: The reader is encouraged to review policies and/or forms to related information in this
Jefferson City School District, Jefferson City, Missouri
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