South Carolina FMLA Leave Periodic Status Report
Description
How to fill out FMLA Leave Periodic Status Report?
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FAQ
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.
Records pertaining to FMLA leave Intermittent leave can be tracked by recording the employee's work schedule and subtracting from it the number of hours they took for FMLA leave. If the employee was scheduled to work 7 hours and only worked 3 hours, then 4 hours of FMLA leave can be counted.
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
The employer looks back 12 months (from July 31st back to the previous August 1st) to see if any FMLA leave had been used.
The FMLA allows unpaid leave to an employee who has a serious health condition or to care for a family member. Employees are entitled to continue their health insurance while on leave at the same cost they paid while working. An employer may require an employee to use their accrued paid leave during FMLA leave.
Though the FMLA itself is unpaid, it is sometimes possible under certain specific circumstances to use paid leave that you've accrued on the job as a way to get paid during your FMLA leave. The types of paid leave that might be considered include vacation days and sick days, as well as other types of paid leave.
For example, an employer considers Thanksgiving a holiday and is closed on that day, and none of its employees work. One of its employees is taking 12 weeks of unpaid FMLA leave the last 12 weeks of the calendar year. The employer would count Thanksgiving Day as FMLA leave for that employee.
Employees in South Carolina may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave renews every 12 months, as long as the employee continues to meet the eligibility requirements set out above.
Under the ''rolling'' 12-month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months.
The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period, with an exception for military caregiver leave. Eligible employees who take military caregiver leave can take up to 26 weeks of protected leave in a 12-month period.
