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EMPLOYEE R[GHTS AND RESPONS113ILI`I'IES UNDER THE FAMILI' AND MEDICAL LEAVE; ACT Replaces WH Publication Id20 dated June 1993. Basic Leave Entitlement FMLA requires covered employers to provide up to l2 weeks of unpaid, job-protected leave to eligible employees for the following reasons: • For incapacity due to pregnancy, prenatal medical care or child birth; • T'o care for the employee's child after birth, or p(acenrent for adoption or foster care; • To care for the employee's spouse, son or daughter, or parent, who Iras a serious health condition; or • For a serious health condition that makes the employee unable to perform the employee's job. Military gamily Leave F..ntitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in suppo--t of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care For a covered servicemember during a single l2-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or ilhiess incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. Benefits and Protections During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA Ieave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA Ieave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Eligibility Requirements F,mployecs are eligible ifi they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and ifat least 50 employees are employed by the employer within 75 miles. Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee fi•om performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may he met by a period of incapacity of more than 3 consecutive calendar clays combined with at Icast two visits to a health care provider or one visit and a regimen of continuing U•eatment, or incapacity clue to pregnancy, or incapacity clue to a chronic condition. Other conditions may meet the definition of continuing treatment. Use of Leave An employee does not need to use this Ieave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees Hurst make reasonable efforts to schedule Ieave for planned medical h•eahnent so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. 90 Attachment number 5 Page 218 of 362 F-5