Bexar Texas Employer FMLA Response - Form WH-381
Description
How to fill out Employer FMLA Response - Form WH-381?
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FAQ
Here's a tricky question for you: Should an employee still be considered on FMLA leave when he's answering work email or phone calls? Yes, as long as the employee is only answering email or calls on a sporadic basis, his employer is not in violation of the Family Medical Leave Act.
The FMLA was signed into law by President Bill Clinton in 1993. It allows workers to take up to 12 weeks of unpaid leave to bond with a newborn, newly adopted or newly placed child; care for a seriously ill child, spouse or parent; or care for their own serious health condition without fear of losing their jobs.
29 C.F.R. § 825.313. Information about the FMLA may be found on the WHD website at . Either the employee or the employer may complete Section I.
To apply for a medical leave of absence: Submit your application: Online, or. Print, complete and fax an Application for Leave of Absence. Have your treating physician complete one of the following: FMLA Certification of a Serious Health Condition, or. Non-FMLA Medical Certification. Not sure if you qualify under the FMLA?
Applying for FMLA The employee's health care provider must complete a certification form that validates the employee's serious health condition or that of an immediate family member. The employee must provide this certification to the employer within 15 calendar days of receiving it.
Employees in Texas 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.
The employer must determine whether the medical condition meets the FMLA definition of a serious medical condition; and whether the certification articulates the necessary information for FMLA leave. If the certification meets the FMLA requirements (and the employee is eligible) then you cannot be denied FMLA leave.
To be eligible for FMLA benefits, an employee must: work for a covered employer; have worked for the employer for a total of 12 months; have worked at least 1,250 hours over the previous 12 months; and. work at a location where at least 50 employees are employed by the employer within 75 miles.
Part 'A' of the WH-381 form deals with eligibility for FMLA leave and it asks for the reason behind the leave request, such as the birth of a child or a spouse's call to active military duty. This section also lays out if the employee is covered under the law.
