Additional Information/Complaints
Airline Flight Crew Employees
- Does an employer have to return an airline flight crew employee to work after a period of FMLA leave?
- How would an employer calculate FMLA leave for an airline flight crew employee who takes less than a day of FMLA leave?
- How much FMLA leave may an airline flight crew employee take?
- How do collective bargaining agreements (CBAs) affect airline flight crew employees under the FMLA?
- Does an airline flight crew employee’s military service count towards his or her FMLA eligibility?
- How is the number of hours paid determined for an airline flight crew employee?
- What are an airline flight crew employee’s duty hours?
- How is the number of hours worked determined for an airline flight crew employee?
- What is the applicable monthly guarantee?
- How do you determine the worksite for an airline flight crew employee for FMLA eligibility?
- How do airline flight crew employees qualify to take leave under the FMLA?
- Who is an airline flight crew employee?
Birth and Bonding
- When can a parent take leave for a newborn?
- Are there any restrictions on when an employee can take leave for the birth or adoption of a child?
Caregiver Leave
- Can I take qualifying exigency leave when my military member returns from deployment?
- How much leave can I take if I need leave for both a serious health condition and a qualifying exigency?
- How much FMLA leave may I take for qualifying exigencies?
- Are the certification procedures (timing, authentication, clarification, second and third opinions, recertification) the same for qualifying exigency leave and leave due to a serious health condition?
- What type of notice must I provide to my employer when taking FMLA leave because of a qualifying exigency?
- (Q) What if my covered service member receives a catastrophic injury and the military issues me travel orders to immediately fly to Landstuhl Regional Medical Center to be at his bedside. Do I have to provide a completed certification before flying?
- How is leave designated if it qualifies as both military caregiver leave and leave to care for a family member with a serious health condition?
- Can I care for two seriously injured or ill service members at the same time?
- Can I take military caregiver leave for more than one seriously injured or ill service member, or more than once for the same service member if he or she has a subsequent serious injury or illness?
- Who is a service member’s next of kin for purposes of military caregiver leave?
- Can I carry-over unused weeks of military caregiver leave from one 12-month period to another?
- May I take FMLA leave to both care for a covered service member and for another FMLA qualifying reason during this “single 12-month period?”
- How much leave may I take to care to for a covered service member?
- Can I take military caregiver leave if I am the stepson or stepdaughter of the covered service member or if I am the stepparent of a covered service member?
- Are families of service members in the Regular Armed Forces eligible for military caregiver leave?
Certification
- What happens if I do not submit a requested medical or fitness-for-duty certification?
- Can employers require employees to submit a fitness-for-duty certification before returning to work after being absent due to a serious health condition?
- How often may my employer ask for medical certifications for an on-going serious health condition?
- Do I have to give my employer my medical records for leave due to a serious health condition?
- Must I sign a medical release as part of a medical certification?
- May my employer contact my health care provider about my serious health condition?
- How soon after I request leave does my employer have to request a medical certification of a serious health condition?
- Can my employer make me get a second opinion?
- What happens if my employer says my medical certification is incomplete?
- Am I required to prove that I have a serious health condition?
Coverage
Eligibility
Employee Notice
- Is an employee required to follow an employer’s normal call-in procedures when taking FMLA leave?
- What and when do I need to tell my employer if I plan to take FMLA leave?
Employer Notice
- How soon after an employee provides notice of the need for leave must an employer notify an employee that the leave will be designated and counted as FMLA leave?
- Does an employer have to provide employees with information regarding their specific rights and responsibilities under the FMLA?
- How soon after an employee provides notice of the need for leave must an employer determine whether someone is eligible for FMLA leave?
- Are employers required to tell their employers of the existence of FMLA and the employee’s right to take FMLA leave?
General
Hours of Service Requirement
Intermittent/Reduced Leave Schedule
- Can an employer change an employee’s job when the employee takes intermittent or reduced schedule leave?
- Does an employee have to take leave all at once or can it be taken periodically or to reduce the employee’s schedule?
Job Restoration
Military Provisions
- What is the definition of deployment of a member with the Armed Forces to a foreign country?
- What is covered active duty?
Miscellaneous Questions
- How do collective bargaining agreements (CBAs) affect the FMLA Regulations?
- Can I use my paid leave as FMLA leave?
- My medical condition limits me to a 40 hour workweek but my employer has assigned me to work eight hours of overtime in a week. Can I take FMLA leave for the overtime?
- Can my FMLA leave be counted against me for my bonus?
Prohibited Acts
Qualifying Conditions
Serious Health Condition
- Can I take FMLA leave for reasons related to domestic violence issues?
- Can I continue to use FMLA for leave due to my chronic serious health condition?
- What is a serious health condition?
USSERA-FMLA Questions
- Where can I get more information about USERRA and the FMLA?
- How should the 1,250 hours-of-service requirement be calculated for returning service members?
- How should the 12-month FMLA requirement be calculated for returning service members?
- What effect does USERRA have on FMLA-eligibility requirements?
- What is the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
Unpaid Leave
Source: United States Department of Labor, “Wage and Hour Division: Frequently Asked Questions” https://www.dol.gov website. Accessed November 28, 2015. http://kb.dol.gov/DOLFAQLandingPage?agency=WHD
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