Medical Leave Under The Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) provides some Massachusetts employees with up to 12 workweeks of unpaid leave per year to address certain health-related situations.
The FMLA also provides leave for reasons related to military deployments or to care for a covered service member with a serious injury or illness.
The FMLA applies to all public agencies, including local, State, and Federal employers, and local education agencies. The FMLA also applies to all private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year.
Employees eligible for FMLA leave are entitled to take that leave and are also entitled to return to their same or an equivalent job at the end of their FMLA leave.
Am I Eligible for Family Medical Leave Act (FMLA) Leave?
In order to be eligible for FMLA leave, a Massachusetts employee must (1) work for a covered employer, (2) have worked 1250 hours during the 12 months prior to the start of the leave, (3) work at a location where the employer has 50 or more employees within a 75-mile radius, and (3) have worked for the employer for 12 months.
What are qualifying reasons For Family Medical Leave Act (FMLA) Leave?
Massachusetts employees who are eligible for FMLA leave may take up to 12 weeks of leave for the following reasons:
to care for the employee’s own serious health condition;
to care for an immediate family member with a serious health condition;
for the birth of a son or daughter, and to bond with that child;
for the placement with the employee of child for adoption or foster care, and to bond with that child; and
for certain situations arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active due or called to covered active duty as a member of the National Guard, Reserves, or Regular Armed Forces.
The FMLA also allows eligible employees to take up to 26 weeks of leave to care for a covered service member with a serious injury or illness.
Do I have to take all Leave at once or can I use the leave as needed?
Employees may take FMLA leave in one block, separate blocks, or intermittently when it is medically necessary. It may also be used to reduce your daily or weekly work schedule.
What is considered a serious health condition under the Family Medical Leave Act (FMLA)?
The most common type of FMLA leave is that taken to address the employee’s or their immediate family member’s serious health condition. The most common types of serious health conditions are:
conditions requiring an overnight stay in a hospital or other medical facility,
conditions that incapacitate for more than three consecutive days and require ongoing medical treatment;
chronic conditions that cause occasional periods of incapacitation and required treatment by a health care provider at least twice a year, and
pregnancy.
What kind of documentation can an employer require from an employee to qualify for leave under FMLA?
The FMLA allows employers to require employees to provide certification from a health care provider to support a request for FMLA leave. An employer may require the employee to get a second or third opinion (at the employer’s expense) if it doubts the validity of the certification. Employers should request medical certification at the time an employee gives notice or within a given number of business days. The employer must allow the employee at least 15 days to obtain the certification.
The FMLA contains strict requirements regulating an employer’s ability to contact an employee’s health care provider. Under no circumstances may an employee’s direct supervisor contact the employee’s health care provider.
Can an employer require a fitness-for-duty certification before an employee can return to work from FMLA leave?
Employers may require an employee to submit a fitness-for-duty certification before returning to work after being absent due to a serious health condition.
What job restoration protections does the FMLA provide?
Employees have the right to return to the same or equivalent position upon returning to work after taking FMLA leave. An equivalent position must satisfy the following requirements: same shift or work schedule; same worksite or one that does not significantly increase commute time or distance; same or substantially similar duties, responsibilities, and status; same pay and other remuneration; and offer other identical benefits (sick leave, vacation, health insurance, etc.).
CAN MY EMPLOYER RETALIATE AGAINST ME FOR USING FMLA LEAVE?
It is unlawful for an employer to interfere, restrict, or deny an employee their rights to FMLA leave. Similarly, it is unlawful for employers to retaliate against employees for exercising their rights under the Family Medical Leave Act.
Over the years, employment lawyer Benjamin Steffans has represented employees in matters involving employers interfering with and individuals rights under FMLA and employers retaliating against employees for exercising their rights under FMLA. If you are a Massachusetts employee with questions or concerns about FMLA contact Steffans Legal today for a free consultation.
