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Frequently Asked Questions

Do I accrue seniority while I am on FMLA leave?

Family Medical Leave Act Questions & Answers
A. You accrue seniority while you are on paid FMLA leave. You do not accrue any seniority while on unpaid FMLA leave.

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.

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.

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.

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.

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.

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.

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.

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.

How many holiday, vacation and sick leave hours will I accrue?

City Of Chula Vista - Human Resources Frequently Asked Quest...
The amounts vary based on the bargaining unit. In general, for benefited positions the City celebrates 13 holidays and City Hall is closed for ten of those holidays. New employees earn two weeks vacation time and 96 hours of sick leave per year.

What sort of leave will I accrue?

Queensland Ambulance Service : Qualified Recruitment
QAS employees (except Casuals) accrue Annual Leave and Sick Leave. They are also entitled to access Family Leave and Bereavement Leave. All employees (including Casuals) accrue Long Service Leave. Annual Leave is paid holiday time accrued for each completed year of employment. Paramedics who are required to work shift work and on public holidays accrue six weeks and two days annual leave. Leave Loading will be paid at the rate of 13.67% for Annual Leave.

Is there a limit to the amount of vacation leave I can accrue?

FAQ's - Attendance
Employees may accrue up to 64 vacation days -- 480 hours for full-time employees who work 37.5 hours per week or 512 hours for full-time employees who work 40 hours per week. Any vacation hours in excess of 64 days on the last day of the second pay period of April and October of each year will be converted to sick leave during the next pay cycle. Employees are responsible for reviewing their accrued leave balances on their pay advices and using their leave accordingly.

Who is considered an immediate "family member" for purposes of taking FMLA leave?

elaws - Family and Medical Leave Act Advisor
employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent "in-law".

What reasons for leave qualify under FMLA?

Family Medical Leave Act Questions & Answers
Absence of four days or more plus medical treatment two or more times (also includes one treatment and continuing medical supervision)

Q. How do I request FMLA leave?

Family Medical Leave Act Questions & Answers
A. If the need for your leave is foreseeable, you must provide advance written notice to your supervisor using the Leave Request Form available in the Office of Human Resources (HR) or at their website: http://hr.cocc.edu under forms. Also, please contact Human Resources immediately at 383-7216 for an appointment to discuss your rights and responsibilities.

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.

How much leave can a staff member take under FMLA?

Vanderbilt University Human Resources
A staff member who has met the eligibility requirements for FMLA can take up to 12 weeks of unpaid leave within a 12-month rolling calendar from the date the FMLA leave begins.

What is seniority?

New Rochelle Fuse
Seniority rights are based on length of actual paid service in a specific tenure area, and apply to both tenured and probationary teachers. If a school district abolishes teaching positions, seniority is the sole criterion in determining which teachers are laid off, and subsequently recalled should a vacancy in the teacher's tenure area occur within seven years.

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