Can you designate FMLA retroactively?
Under the regulations, retroactive designation is permitted if an employer fails to timely designate leave as FMLA leave (and notify the employee of the designation).
How far back can FMLA be retroactive?
Employees can take up to 12 weeks of FMLA leave in a 12 month period. However, employers can define if that time is in a calendar year, a rolling 12 months backward from current days.
Can FMLA be rescinded?
Determining whether an employee meets the FMLA eligibility criteria and whether an absence will be designated as FMLA leave is not to be taken lightly. Generally, once you inform the employee that he or she is eligible, and that the absence is protected by the FMLA, you may not rescind those determinations.
Can FMLA be prorated?
The FMLA requires employers to treat FMLA absences the same way they treat non-FMLA absences. However, this means employers can prorate certain bonus payments to employees on FMLA leave, so long as they limit such payments to employees on similar non-FMLA leaves types of leaves.
What does episodic incapacitation mean?
A condition that requires a series of treatments, without which the employee would be incapacitated (such as chemo, dialysis, etc.). A chronic health condition with episodic flare-ups.
What happens if you don’t return from FMLA?
If you do not return after taking FMLA leave, then your employer may require you to pay back the money it paid to maintain your health insurance during your leave.
Is FMLA counted in weeks or days?
FMLA leave may be taken in periods of whole weeks, single days, hours, and in some cases even less than an hour. The employer must allow employees to use FMLA leave in the smallest increment of time the employer allows for the use of other forms of leave, as long as it is no more than one hour.
What is a rolling FMLA?
Under the ”rolling” 12-month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months.
What does intermittent FMLA mean?
The leave offered by the FMLA (or, for that matter, California’s Fair Employment and Housing Act) does not have to be taken all at once. Intermittent FMLA is when an employee uses their 12 weeks of unpaid leave off and on. This is in contrast to continuous family medical leave or working a reduced work schedule.
Is sleep apnea covered under FMLA?
An employee dreamed of saving her job by seeking a Family and Medical Leave Act (FMLA) leave for sleep apnea.
What happens when FMLA is exhausted?
An employee has no absolute right to continued employment under either workers’ compensation or the ADA after FMLA leave has been exhausted and they cannot return to work. However, an employer should consider options other than termination before terminating the employee under this circumstance.
What happens when I exhaust my FMLA?
Once the employee has exhausted his or her remaining FMLA leave entitlement while working the reduced (part-time) schedule, if the employee is a qualified individual with a disability, and if the employee is unable to return to the same full-time position at that time, the employee might continue to work part-time as a …
Can I be disciplined for using FMLA?
Employers cannot hold an employee accountable for work that was not completed during an FMLA leave, and employees cannot be disciplined, terminated, or otherwise retaliated against in any way for requesting or taking a leave.