AG 2009 09 21 - Laserfiche WebLink

Home Browse Search

Substitution of Paid L.eavc for Ilnpaid [.cave Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees IitUSt Comply wltlt fhe enlpl0}'er'S normal paid leave policies. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the ueecf is foreseeable. When 30 days notice is not possible, the employee must hrovidc notice as soon as practicable and generally must comply with an employer's normal call-in procedures. Employees must provide sufficient information for the entplo}per to determine if the leave Wray qualify tier FMLA protection and the anticipated timing and duration of the leave. Sufficient information tray include that the employee is unable to pcrfi~rm job functions, the family ntentbcr is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also Wray be required to provide a certification and periodic recertification supporting the need for leave. _ F,mployer responsibilities Covered employers must inform employees requesting leave whether they are eligible under FMLA. (f they are, the notice must specify any additional information required as well as the employees' rights and responsibilities. Tf they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the employer determines that the leave is not FMC,A-protected, the employer must notify the employee. Unlawful Acts by Employers FMLA makes it unlawful for any employer to: • Interfere with, resh•ain, or deny the exercise of any right provided under FMLA; • Discharge or discriminate against any person for opposing any practice made unlawful by Ffv1LA or for involvement in any proceeding under or relating to FMLA. Enforcement An employee may file a complaint with the 11.5. Department of Labor or may bring a private lawsuit against an employer. 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. FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the test of this notice. Regulations 29 C.F.R. § 825.300(x) may require additional disclosures. For additional information: 1-866-4US-WAG[; (I-866-487-9243)'["fY: I-877-889-5627 W~VW.WAGEIi0U21)OL.GOV U.S. Department of Labor ~ [:mployment Standards Administration ~ Wage and {-lour Division Wl-1D T'ublication 1420 Revised January 2009 91 Attachment number 5 Page 219 of 362 F-5