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Frequently Asked Questions

Does an employer have to pay bonuses to employees who have been on FMLA leave?

elaws - Family and Medical Leave Act Advisor
The FMLA requires that employees be restored to the same or an equivalent position. If an employee was eligible for a bonus before taking FMLA leave, the employee would be eligible for the bonus upon returning to work. The FMLA leave may not be counted against the employee. For example, if an employer offers a perfect attendance bonus, and the employee has not missed any time prior to taking FMLA leave, the employee would still be eligible for the bonus upon returning from FMLA leave.
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Harris Dowell Fisher & Harris, L.C. -- Family & Medi...
If an employee was eligible for a bonus before taking FMLA leave, the employee would be eligible for the bonus upon returning to work. The FMLA leave may not be counted against the employee. For example, if an employer offers a perfect attendance bonus, and the employee has not missed any time prior to taking FMLA leave, the employee would still be eligible for the bonus upon returning from FMLA leave.
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Which employees are eligible to take FMLA leave?

elaws - Family and Medical Leave Act Advisor
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for 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.
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Can my employer refuse to grant me FMLA leave?

elaws - Family and Medical Leave Act Advisor
If you are an "eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.
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Can the employer count time on maternity leave or pregnancy disability as FMLA leave?

elaws - Family and Medical Leave Act Advisor
Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the 12 weeks of leave so long as the employer properly notifies the employee in writing of the designation. In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as FMLA leave.
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How much leave may employees take under FMLA?

Harris Dowell Fisher & Harris, L.C. -- Family & Medi...
Eligible employees are entitled to up to 12 weeks of leave during a 12-month period for certain family and medical reasons.
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Can my employer fire me for complaining about a violation of FMLA?

elaws - Family and Medical Leave Act Advisor
No. Nor can the employer take any other adverse employment action on this basis. It is unlawful for any employer to discharge or otherwise discriminate against an employee for opposing a practice made unlawful under FMLA.
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How much leave am I entitled to under FMLA?

elaws - Family and Medical Leave Act Advisor
If you are an "eligible" employee, you are entitled to 12 weeks of leave for certain family and medical reasons during a 12-month period.
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Will I lose my job if I take FMLA leave?

elaws - Family and Medical Leave Act Advisor
Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies.
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Does The Employer Have To Pay For All Their Employees Glasses?

THE EYE ACADEMY :: Corporate Eyecare
No, the regulations state that the employer is only obligated to pay for those that are ‘specifically for VDU use’. Some employers however voluntarily choose to make a contribution to all of their staffs spectacles, regardless of use, as part of an employee benefits package.
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Q. Will I receive pay while I am on FMLA leave?

Family Medical Leave Act Questions & Answers
A. You will receive pay only if you have paid leave (sick, vacation)* available to use. In fact, it is College policy that you must use your leave accruals before you go on leave without pay during your FMLA leave. In order of priority this would include sick leave and vacation. You are not required to use compensatory leave before going on leave without pay.
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FMLA - FAQ
If you are an "eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.
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Which employees are eligible for family or medical leave under the FMLA?

FMLA Frequently Asked Questions
To be eligible for family or medical leave, an employee must have been employed by his or her employer at a worksite within 75 miles of which the employer employs 50 or more employees. The employee must have worked for at least 12 months and worked for at least 1,250 hours during the preceding 12 months.
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Question: Which employees are eligible to take FMLA leave?

Kansas Health Policy Authority
Answer: Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months and have worked for 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. See C.F.R. 825.110
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Can I receive COBRA benefits while on FMLA leave?

FAQs About COBRA Continuation Health Coverage
The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA.
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IF MY EMPLOYER DOES NOT HAVE A TDI POLICY FOR THE EMPLOYEES, WHAT RECOURSE DO I HAVE?

Department of Labor and Industrial Relation
You may contact the Investigation Section in Honolulu or on the neighbor-island, the Department of Labor and Industrial Relations District Office nearest you for assistance.
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Can the City Department (the employer) refuse to grant FMLA leave?

Family and Medical Leave Act - FAQ
the employee fails to give timely advance notice when the leave is foreseeable. Also, the law allows the employer to delay the leave up to 30 days after the date the employee provides notice. See questions 15 and 16. the employee fails to provide a required medical certification to substantiate the need for FMLA leave. It is city policy to require such medical certification for all requests for FMLA leave involving a serious health condition.
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What damages can I receive if I prove that my employer violated the Family Medical Leave Act (FMLA)?

Untitled Document
The Family Medical Leave Act (FMLA) provides that you may receive damages equal to any wages, salary, employment benefits or other compensation denied or lost by reason of the violation. If the violation is proven to be willful then a court may double the amount of wages, salary or benefit or other compensation lost. You may also be entitled to reasonable attorney’s fees and expenses associated with the litigation of the matter.
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Do employees have to be provided with paid family or medical leave under FMLA?

FMLA Frequently Asked Questions
Most public employers, including CCC require employees to use paid leave (vacation, annual, personal leave or sick leave for their own medical condition) before going to an unpaid status. CCC, according to Policy 410, Procedure 410.10.6 (Pay Status), stipulates “The employee must substitute any accrued paid leave such as sick, vacation or personal leave for any part of the 12-week FMLA leave. Non-exempt employees’ use of accumulated compensatory time is optional.
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May I take FMLA leave for visits to a physical therapist, if my doctor prescribes the therapy?

elaws - Family and Medical Leave Act Advisor
Yes. FMLA permits you to take leave to receive "continuing treatment by a health care provider," which can include recurring absences for therapy treatments such as those ordered by a doctor for physical therapy after a hospital stay or for treatment of severe arthritis.
Related Questions

Question: Can the employer count time on maternity leave or pregnancy disability as FMLA leave?

Kansas Health Policy Authority
Answer: Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the 12 weeks of leave so long as the employer properly notifies the employee in writing of the designation. See C.F.R. 825.207(d)(1)
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Can an employer deny a FMLA day to an employee who has an existing medical certification under FMLA?

Employers Group: HR FAQ
Yes, you may request a new certification every 30 days, but not more frequently unless there is a change in the employee's condition. If the health care provider puts the employee out for more than 30 days, you may request recertification only after that time expires. A recent DOL opinion letter states that you can request a new recertification annually.
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Does an employer have to pay for drive time to & from a job?

Labor Commission of Utah
An employee is responsible for getting himself/herself from home to a designated work location and home at night. If an employer sends an employee to a remote work location to perform a job function they are responsible for paying wages for the travel time. An employer is within his right to establish differing rates of pay for drive time as opposed to skilled work time; but, must establish a policy that is understood by employees to avoid claims of unpaid wages.
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Does my employer have to pay me for time missed from work due to jury service?

Frequently Asked Questions About Jury Service @ Courts.phila...
A:Under Pennsylvania law, an employer is not required to pay persons during their period of jury service. However, an employer may not fire you or otherwise harm you for responding to a summons.
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Question: When does my employer have to pay me after I've quit or been fired?

Frequently Asked Questions: North Dakota Department of Labor
Answer: A separated employee's wages become due and payable at the regular payday(s) established in advance by the employer for the period(s) worked by the employee. In other words, payroll should simply follow its normal course.
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