(Q) How should the 1,250 hours-of-service requirement be calculated for returning servicemembers? Annual Leave Time Calculations Leave time allowances depend on an employee's normal workweek prior to starting FMLA leave. The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. For example, if an employer uses a calendar year to calculate the 12-month period, an eligible employee could take FMLA leave from October to December in 2018 and 12 additional weeks starting on Jan. 1, 2019, because a new 12-month period has begun. Employers won't pay any share of premiums for their employees. (Q) Does an employer have to provide employees with information regarding their specific rights and responsibilities under the FMLA? However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. (Q) What is the definition of deployment of a member with the Armed Forces to a foreign country? Is my employer required to keep my mental health condition confidential? The condition may manifest itself during active duty or may develop after the servicemember becomes a veteran, as may be the case with PTSD, a traumatic brain injury (TBI), or depression, for example. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The FMLA prohibits your employer from interfering with or restraining your right to take FMLA leave. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } If the covered servicemembers need for care extends beyond the expiration date specified in the ITO or ITA, the regulations permit an employer to require an employee to provide certification for the remainder of the employees leave period. .manual-search-block #edit-actions--2 {order:2;} In order to be eligible to take leave under the FMLA, an airline flight crew employee must work for a covered employer; be employed at a worksite where the employer has 50 or more employees within 75 miles; have worked for the employer for 12 months; and meet the hours of service requirement. For additional information, call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4-USWAGE (1-866-487-9243). To find the one nearest you, go to http://www.dol.gov/agencies/whd/america2 . The FMLA only requires unpaid leave. Under the FMLA for military caregiver leave, a parent of a covered servicemember means a covered servicemembers biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. Employers are not permitted to require second or third opinions on qualifying exigency certifications. (Q) Can I take qualifying exigency leave when my military member returns from deployment? Where it is not possible to provide the number of hours, days, or weeks that will be counted as FMLA leave in the designation notice (e.g., where the leave will be unscheduled), an employer must provide this information upon request by the employee, but no more often than every 30 days and only if leave was taken during that period. Is my leave for treatment related to this condition protected under the FMLA? You have successfully saved this page as a bookmark. 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An employer that willfully violates this posting requirement may be subject to a civil money penalty for each separate offense. Employees needing intermittent/reduced schedule leave for foreseeable medical treatments must work with their employers to schedule the leave so as not disrupt the employers operations, subject to the approval of the employees health care provider. In order to address employee privacy concerns, the regulations makes clear that in no case may the employees direct supervisor contact the employees health care provider. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} An employer may always allow FMLA leave in shorter increments than used for other forms of leave but no work may be performed during any period of time counted as FMLA leave. Fact Sheet #28: The Family and Medical Leave Act - DOL