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The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.
Under federal law, an employer could allowbut could not requirean employee to work from home during a Family and Medical Leave Act (FMLA) absence.
Generally, courts find that fielding occasional calls and e-mails that relate to your job while on leave is a professional courtesy that does not interfere with FMLA leave. Therefore, a few work-related communications likely will not constitute interference with an employee's FMLA rights.
You may be able to get paid while on FMLA leave by substituting your accrued paid time off for all or a portion of your unpaid leave.
Employee on FMLA Leave Has Obligation to Communicate with Employer. A recent case reminds employers that employees can be required to communicate with them while on Family and Medical Leave Act leave, and the failure to do so may jeopardize their employment.
Dear (Supervisor / HR Manager): Please be advised that I hereby request an FMLA leave for a period of (number of weeks) in connection with my serious health condition. The leave is to start on (date). Attached is my medical note reflecting the need for FMLA leave.
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12
Leave and Reinstatement Rights Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. Although FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
Generally, courts have found that responding to job-related calls and email while on leave is a professional courtesy that does not interfere with an employee's FMLA leave, says Nowak.