Top FMLA Questions and Answers You Should Know
Filing for leave under the Family & Medical Leave Act (“FMLA”) can be intimidating, especially when you do not know what to expect and how it may affect your family and your job. Not knowing if you will be eligible for FMLA leave, if you will receive adequate compensation, or if you will have a job when you get back from leave are all concerns that weigh heavily on the mind.
Wenzel Fenton Cabassa P.A. can help protect your FMLA rights if you’re in Tampa, Orlando, Miami, Sarasota, St. Petersburg, or Jacksonville. To assist in alleviating some of the stress from the process and offer some peace of mind, we’ve put together a list of the most frequently asked FMLA questions.
8 of the Most Frequently Asked FMLA Questions
1. What Is the FMLA?
The Family & Medical Leave Act (FMLA) was enacted into law in 1993. The specific description on the Department of Labor website says the Act:
“Entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.”
2. What Does the FMLA Cover?
Coverage areas are one of the most popular FMLA questions. The standard time frame under FMLA is 12 workweeks of leave in a 12-month period. The different types of situations that it covers for an employee include:
- The birth and care of a newborn child within one year of birth
- The placement and care of a child for adoption or foster care within one year of placement
- Caring for a spouse, child, or parent who has a serious health condition
- Time off for a serious health condition that makes the employee unable to perform the essential functions of his or her job
- A qualifying need arising out of the fact that a spouse, son, daughter, or parent is a covered military member on “covered active duty”
Also, there is an extended leave covered in the area of military service called military caregiver leave. It entitles the employee to 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin.
It is also important to note that parental leave under the FMLA after the birth of a child or the adoption or fostering of a child is available for both parents.
3. What Are the Different Types of FMLA Forms I May Need?
As with many types of government programs, you need to file certain FMLA forms dependent upon your situation. The Employer may use different forms, but the Department of Labor has issued standard forms. Some of the standard Department of Labor-approved forms are listed below. Your responsibility is focused on providing the employer notice of the need for leave in a timely manner. You do not necessarily have to put your request in writing, or use a particular form, or even use magic words specifically identifying the FMLA. You may be required to provide certification from your doctor to support the request (or certification from your family member’s doctor and you have an obligation to do so in a timely manner.
The Department of Labor has also provided standard forms for use by the employer. The employer is focused on asking you for detailed information once they are on notice of your need for leave, providing an answer to your request for leave, and placing you on notice of your obligations to provide them with additional information in a timely manner.
Which forms you need depends on why you’re taking leave and who is asking for what. These are the ones most employees encounter:
- WH-380-E (Certification of Health Care Provider for Employee’s Serious Health Condition): your doctor completes this when the leave is for your own condition.
- WH-380-F (Certification of Health Care Provider for Family Member’s Serious Health Condition): the same idea, but completed by your family member’s provider.
- WH-381 (Notice of Eligibility and Rights & Responsibilities): this one comes from your employer, telling you whether you qualify and what you still owe them.
- WH-382 (Designation Notice): also from your employer, confirming whether the time off will be counted against your FMLA entitlement.
- WH-384 (Certification of Qualifying Exigency for Military Family Leave): used when your leave stems from a family member’s covered active duty.
- WH-385 (Certification for Serious Injury or Illness of Current Servicemember): required for military caregiver leave.
4. Can My Employer Require Medical Certification for FMLA Leave?
In many cases, yes, your employer can require medical certification to verify your need for FMLA leave. These are typically in cases where an employee is seeking FMLA leave due to a serious health condition. This can be either their own health condition or a family member’s. An employer can request a medical certification to verify the need for leave. It’s important to remember that employers cannot demand full medical records, and they cannot request medical certification for baby bonding or child placement.
5. Which Types of Employees Qualify for FMLA Eligibility?
Not everyone who works qualifies for leave under the Family & Medical Leave Act. An eligible employee is defined as one who:
- Works for a covered employer
- Has worked for the employer for at least 12 months
- Has a minimum of 1,250 hours of service for the employer during the 12-month period immediately prior to the leave
- Works at a location where the employer has at least 50 employees within 75 miles
The twelve months mentioned above do not have to be consecutive. FMLA applies to both the public and the private sector. Public agencies (local, state, federal), however, do not have a minimum requirement for the number of employees.
6. Can My Employer Deny My FMLA Request?
An employer can deny your Family & Medical Leave Act Request if the request does not meet certain protocols. It’s perfectly legal for an employer to deny an FMLA request if the employee is not eligible for FMLA, if FMLA does not apply to the employer, if the medical condition used for FMLA does not meet the criteria for a serious health condition, if the paperwork submitted is incomplete, or if you fail to provide 30 days’ notice prior to taking leave.
7. Is My Employer Required to Pay Me When I Take FMLA Leave?
No. The FMLA only requires unpaid leave. The law does permit an employee to elect to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. FMLA law also allows an employer to require an employee to use accrued sick or vacation time. An employee must follow the employer’s normal leave rules in order to substitute paid leave.
8. Can My Employer Move Me to a Different Job When I Return from FMLA Leave?
Once you return from FMLA leave (either after a block of leave or an intermittent leave), FMLA law requires the employer to return you to the same job or one that is nearly identical (equivalent). If, for example, they demote you to a job with less responsibility or lower pay, that could be a violation of the law. This protection only applies if you return before your leave runs out. In other words, if you are on leave for more than the allotted 12-week period, you lose the right to return to the same job protections of the Act.
9. Can You Lose Your Job if You Take FMLA Leave?
It is against the law for an employer to deny you the rights you have under the FMLA. If you decide to take leave under the Family & Medical Leave Act, your employer cannot use it as a negative factor in any employment action, including firing you for taking it.
Also, your employer cannot discriminate against or fire you if you complain that they violated your rights under the FMLA. If you feel you were fired for taking FMLA leave or have been subject to pregnancy discrimination in any way, you may want to consider consulting an experienced wrongful termination attorney.
10. What Are Common FMLA Violations by Employers?
The most common FMLA violations by employers include wrongful denial of rights, acts of retaliation, and notice failures. It’s not uncommon to see employers reject a leave request that appears to be perfectly valid from an eligible employee. This would be a wrongful denial. Retaliation and discipline such as counting FMLA as an attendance violation or punishing the employee by cutting hours or reducing pay are also FMLA violations that are commonly documented. Many violations also detail notice failures where the employer fails to provide a required Notice of Eligibility within five business days of a leave request being submitted.
If you feel your employer has violated your FMLA rights, you can contact knowledgeable labor law attorneys to file an FMLA claim and represent you in court if necessary.
11. What Should I Do if I Feel My Rights Were Violated Under the FMLA?
Employment law attorneys specialize in violations of the Family & Medical Leave Act. So the first thing to know is that you are not on your own.
If you feel your rights have been disregarded or infringed upon, you should first document all instances of retaliation you feel took place —and who was involved. You should also gather all communication pertaining to any adverse employment action related to this, such as emails, letters, disciplinary notices, etc. After you have your information, consider contacting an experienced employee rights attorney who can help evaluate your circumstances.
Contact Our Labor Law Attorneys for a Free Case Evaluation
At Wenzel Fenton Cabassa, P.A., we’re here to protect your rights and help you take action when you’ve been discriminated against, wrongfully terminated, or retaliated against for exercising your right to take medical leave from work under the FMLA. We help employees across the state of Florida, including the major cities of Tampa, Orlando, Miami, Sarasota, St. Petersburg, and Jacksonville. Contact one of our Labor Law Attorneys today to schedule your free case evaluation.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.
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