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EMPLOYEE RIGHTS

UNDER THE FAMILY AND MEDICAL LEAVE ACT

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION


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LEAVE ENTITLEMENTS


BENEFITS & PROTECTIONS


ELIGIBILITY REQUIREMENTS


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REQUESTING LEAVE


EMPLOYER RESPONSIBILITIES


ENFORCEMENT


Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

*Special “hours of service” requirements apply to airline fl crew employees.


Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.


Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine

if the leave qualifies for FMLA protection. Suffi information could include informing an employer that the employee is or

will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.


Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certifi tion is incomplete, it must provide a written notice indicating what additional information is required.


Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.


Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.


Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit

against an employer.


The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.


For additional information or to file a complaint:

1-866-4-USWAGE

(1-866-487-9243) TTY: 1-877-889-5627

www.dol.gov/whd

U.S. Department of Labor Wage and Hour Division



WH1420 REV 04/16