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.

Your employer can postpone parental leave if they think that it would unduly disrupt the business. Your employer can postpone the leave for no longer than six months from the time that you originally wanted to start your parental leave. Your employer must notify you in writing no later than seven days after your notice to take leave, stating the reason for the postponement and setting out the new dates of parental leave.

Yes. Maternity leave for the birth of a child or pregnancy disability leave would be considered qualifying FMLA leave for a serious health condition and may be counted in the 12 weeks of leave. No, not complete medical records. The employee may, however, be required to provide a medical certification confirming that a serious health condition exists. Yes.

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.

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.

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.

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)

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.

Absence of four days or more plus medical treatment two or more times (also includes one treatment and continuing medical supervision)

A. You accrue seniority while you are on paid FMLA leave. You do not accrue any seniority while on unpaid FMLA leave.

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.

Eligible employees are entitled to up to 12 weeks of leave during a 12-month period for certain family and medical reasons.

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.

Answer: 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. See C.F.R. 825.200 Answer: It can. FMLA leave and workers compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave. See C.F.R. 825.207(2) Answer: Yes.

Generally speaking, FMLA cannot be denied if the employee has a medically certified condition, or is caring for a covered individual who has a medically certified condition. Contact the Union Office if you have specific issues or questions.

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.