YOUR RIGHTS UNDER THE FEDERAL FAMILY/MEDICAL LEAVE ACT

Unpaid leave must be granted for the following reasons:

• To care for the employee's child after birth, or placement for adoption or foster care;
• To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the employee's job.

At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.

The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.

• The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."
• An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.

• For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan."
• Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
• The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

FMLA makes it unlawful for any employer to:

• Interfere with, restrain, or deny the exercise of any right provided under FMLA;
• Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

• The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
• An eligible employee may bring a civil action against an employer for violations.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

• If an employee or immediate family member has a serious illness or injury and you have no sick pay, you can avoid getting points. 
• Under provisions of the Family Medical Leave Act, the company cannot penalize you when you call in sick. 
• To be eligible, an employee must have been employed for 12 months, and worked at least 1,250 hours.