July 4, 2020

Lying Can Make You Ineligible for FMLA Medical Leave

“FMLA is meant for employees to use when they, or a close family member, are suffering from any type of medical illness or condition.

This is typically used if someone has cancer, just had a baby or just about anything else that a person can have.

Even if you do not want to expose your illness to your company, you must not lie about what you are going through.

If you choose to lie about your situation, it may cost you your job and you won’t be able to get the benefits that you should be able to take advantage of.

Your company will have some sort of privacy policy that they must adhere to, so you will not have to worry about your entire company finding out about what is going on with you in your personal life.”

HR Morning

Employee Rights and Responsibilites Reguarding FMLA

FMLA Second Opinion Not Enough to Reject Medical Leave

FMLA Second Opinion Not Enough to Reject Medical Leave

The Federal Medical Leave Act (FMLA) allows for a second opinion or third opinion when a client has concerns about the employee’s medical certification. You must be prepared to have a third certificate ready when asking for a second opinion. In 2008, the FMLA changed how they handle maternity leave and the options available. The changes affected women when it is their first time trying to claim FMLA assistance, and they came into effect in 2009. The act calls for a second opinion, if wanted, a third. FMLA is unpaid assistance, so you will only get what FMLA allows and you won’t get paid by your employer as well. FMLA is not available if the woman works for a company with less than 50 employees.

Additional information at:

HRMorning.com

Changes in FMLA Limit Maternity Leave Options

How to Take FMLA Leave From Your Job

The Family and Medical Leave Act, or FMLA, provides you with the right to take time away from work to care for yourself and/or family members and/or to deal with medical issues for yourself or a family member. What are the conditions under which you may take FMLA leave and how can you arrange it with your employer?

According to the federal FMLA legislation, your employer must have 50 or more employees to be required to provide FMLA leave and you must be employed by your company for 12 months to be eligible to participate.

Basic FMLA Provisions

The Family and Medical Leave Act is fairly recent legislation, guaranteeing employees job security while they take necessary time away from work. FMLA leave is not intended for people who want a vacation and can’t be used as such.

You are eligible to use FMLA Leave in the following situations:

  • You need to care for an adopted child, or a foster child any time during the first year you have that child.
  • Maternity leave to have a baby and/or care for a baby.
  • To care for a family member that is sick
  • To care for yourself if you’re sick
  • To care for a sick our injured member of your family who is in the military.

Employers and FMLA

According to the federal FMLA only employers with 50 or more employees are required by law to provide FMLA leave. The federal FMLA is strictly enforced and all applicable employers are required to visibly post the Employees Rights and Responsibilities Under the Family and Medical Leave Act poster. This document outlines all your rights, responsibilities, and the terms under which you may arrange FMLA leave from your job. These include:

  • Your employer is not required to pay you while you are on FMLA leave, but you may be able to use some of your paid time off (PTO) depending on your employer.
  • Your health insurance is protected while you are on FMLA leave.
  • In many cases you will return to your same job position, but your employer is not necessarily required to return you to the same position you held, but only to ensure you have one similar to it.

Arranging for Family and Medical Leave

Under the federal FML program you are allowed a certain amount of time for FMLA leave. Scheduling your time off:

  • You must give your employer 30 days notice if your leave is planned. If you have an unforeseen emergency, you need to let them know ASAP.
  • If your leave is not eligible under FMLA, your employer is required to inform you.
  • It’s against the law for your employer to interfere with your right to family and medical leave.

Additional FMLA Protection and Rights

Besides the federal DOL legislation, state FMLA laws may give you extra leave, protection, or additional rights. In cases where the state FMLA differs from the federal worker protections, your state’s labor department will offer guidance on how the two should work together.

Learn more about the federal Family and Medical Leave Act (http://www.dol.gov/whd/fmla/ ) from the Department of Labor.

For more information, visit http://www.dol.gov/whd/fmla/

How To Take FMLA Leave From Your Job

If you feel that you need to have a break from your occupation for a short period of time due to the ill health of a close family member or yourself, or perhaps due to the birth of a new child, you should spend a moment learning how to take FMLA leave from your job. The Family and Medical Leave Act was drafted to help protect the jobs of people in situations such as this by allowing them as much as twelve weeks of unpaid leave without fear of recrimination.

Fmla

There are a strict set of protocols and regulations that must be followed if you are to make available the benefits of this legally binding regulation. For example there are exact rules governing who can apply as well as the type of employers who fit the eligibility requirements. Familiarize yourself with as much information as you can relating to the Family and Medical Leave Act to ensure you are not left feeling disappointed after submitting the forms.

If you believe that you are eligible for leave under the FMLA your first point of call should be with your company’s HR department or your manager. They are obliged to provide you with an FMLA form and pass on information relating to your personal eligibility and that of the business itself. Unfortunately if you have worked less than 1250 hours over the past twelve months with the same employer they can refuse your request for leave.

Take your time when filling out the necessary forms. You will need to provide information that is accurate to the best of your knowledge. It is important to suggest whether you are planning to take all the twelve weeks leave on a continual basis or intermittently.

If the reason for taking time off from your job is due to a medical condition you have developed, or that suffered by a close family member, you do not have to state the exact details. This is ensured by the country’s privacy laws, but you would need to provide information relating to the nature of the problem, for example that your spouse is not able to walk.

It is essential that if taking FMLA leave due to a medical issue that a health care practitioner backs up your claim. There is a part of the form that needs to be provided to the doctor who is treating you or your close relative.

The GP would be required to complete a release form so that limited information reading the condition can be included in the part of the application that they fill out. Make sure that the document is then signed by the doctor and yourself.

Once you are certain that the forms are completed in full and the information is correct you should take a photocopy of ten documents prior to submitting them to the employer. As long as you meet the criteria set out in the Family and Medical Leave Act you should not be overly concerned that your request is going to be turned down.

For more information, click here: http://www.dol.gov/whd/fmla/