Did you know that?
The law applies to all public employers and to private employers with 50 or more employees within 75 miles. Under the law, eligible employees are entitled to 12 weeks of unpaid leave during a 12-month period for any for the following reasons:

The birth of a child or the placement of an adoptive or foster child To care for a spouse, child or parent with a serious health condition A *serious health condition that makes the employee unable to perform his or her job.

At the end of the leave, the employee must be returned to the same or an equivalent position. The law excludes individuals who have been at their current place of employment for less than a year, or who have worked less than 1250 hours during the previous 12 months for any reason (including layoffs, illness, or leaves of absence).
If possible, employees should provide 30 days notice of their intent to use FMLA time. Where 30 days notice is not possible, employees must give as much notice as practicable. FMLA allows employees who can demonstrate medical necessity to use FMLA time for a reduced work schedule (e.g., working half days for 24 weeks). Leave can be taken as little as one hour at a time. The option of intermittent and reduced leave is not available to employees seeking leave to care for a newborn, adopted, or foster child. Employers may temporarily transfer an employee on intermittent or reduced schedule to an alternate position if it will better accommodate recurring periods of leave. Other leaves used by employees for purposes covered by the FMLA may be designated as FMLA leave by the employer and counted against the employee's entitlement even if the employee has not requested FMLA leave. For example, if a pregnant employee goes on disability leave during the last three months of her pregnancy, the law allows the employer to designate her disability leave as FMLA leave. By the time the employees baby is born, her 12 weeks of FMLA leave may have been exhausted, leaving her ineligible for parental leave. Employers may not make this designation retroactively. For example, if an employer learns after the fact that an employee used vacation time to care for his/her mother, those vacation days may not be counted against the employee's FMLA entitlement. If a husband and wife both work for the same employer they are only entitled to 12 weeks between them.
This newsletter is intended to help Local 892 members in understanding the Family Medical Leave Act. It is not a complete overview of the Act and should not be considered such. If you have any questions concerning your rights under this law you should ask your Union Representative.