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What is FMLA?
A U.S. law that allows eligible employees to take unpaid, job-protected leave for certain family and medical reasons while maintaining their group health insurance coverage.??
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Eligibility Requirements:
- The employee must work for a covered employer (private employers with 50+ employees, public agencies, or schools).
- Must have worked at least 12 months for the employer (doesn’t need to be consecutive).
- Must have worked at least 1,250 hours in the 12 months prior to the leave.
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The employee must work at a location where the employer has 50+ employees within a 75-mile radius.
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Reasons for Taking FMLA Leave:
- Birth, adoption, or foster care placement of a child.
- To care for a spouse, child, or parent with a serious health condition.???
- The employee's own serious health condition that prevents them from performing their job.
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Certain qualifying needs related to a family member's active duty military service.?
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Duration of Leave:
- Up to 12 weeks of unpaid leave in a 12-month period for most qualifying reasons.
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Up to 26 weeks to care for a military service member with a serious injury or illness.?
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Employee Protections Under FMLA:
- Job Protection: The employee must be restored to their original job or an equivalent one after returning.???
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Continuation of group health insurance benefits during leave.
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Employer Responsibilities:
- Notify employees of their FMLA rights and obligations.
- Maintain accurate records of FMLA leave.?
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Refrain from retaliating against employees for taking FMLA leave.
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Important Limitations:
- FMLA is unpaid, though employees may use accrued paid leave (e.g., PTO) concurrently.
- Not all employers or employees qualify (based on size and hours worked).