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To be eligible for FMLA benefits, you must:Work for an employer to whom the FMLA applies.Have been employed by the employer for at least 12 months.Have worked for at least 1,250 hours during the 12-month period right before the start of the leave.More items...
According to the Equal Employment Opportunity Commission which enforces the ADA employers can have a policy requiring all employees provide doctor's notes to substantiate a disability, request reasonable accommodations or prove the need for leave.
FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave.
The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.
Employees may take up to 12 weeks of unpaid leave upon the birth or adoption of their child when they: work for a company with 21 or more employees at one site; worked at least half time for 12 months; and. have been with the company for at least 12 months (not necessarily consecutive).
No. An employer cannot require a physician's note every time an employee misses work while taking FMLA intermittent leave. The term physician's note is not referenced in the FMLA; recertification, however, is.
In addition to medical leave, the birth of a newborn or the placement of a child in adoption or foster care is also considered an FMLA qualifying event.
By Lisa Guerin, J.D. Like employers in every state, Minnesota employers must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons. Once an employee's FMLA leave is over, the employee has the right to be reinstated to his or her position.
You do not have to tell your employer your diagnosis, but you do need to provide information indicating that your leave is due to an FMLA-protected condition (for example, stating that you have been to the doctor and have been given antibiotics and told to stay home for four days).