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Frequently Asked Questions

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.

Q. What happens to my benefits while I am on unpaid FMLA leave?

Family Medical Leave Act Questions & Answers
A. The College's contribution for your medical benefits (as stated contractually or by policy) continues during your leave even if you are on leave without pay. We will let you know in writing when your regular benefits end and when you become eligible for benefits under FMLA. When you are on unpaid leave, you will be required to pay the portion of the medical premium that is normally deducted from your paycheck.

What types of conditions are covered under the FMLA?

Vanderbilt University Human Resources
Because of a serious health condition that makes an employee unable to perform the functions of his/her job. FMLA leave applies equally to male and female employees. FMLA leave may begin before the actual date of a child's birth, or before the actual placement of a child for adoption or foster care. The source of an adopted child is not a factor in determining eligibility for leave.

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)

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.

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.

Question: How much leave am I entitled to under FMLA?

Kansas Health Policy Authority
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.

Family Medical Leave Act (FMLA) - How can I get it?

NTEU Chapter 73 - Cincinnati IRS Service Center
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.

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.

Can I take an Family and Medical Leave Act (FMLA) leave in addition to my pregnancy leave?

Untitled Document
No, under the FMLA, the term "serious health conditions" is defined to include any periods of incapacity or treatment due to pregnancy, including prenatal care. Thus, the Family and Medical Leave Act (FMLA) leave would be included within the employer's pregnancy leave. No. You are not entitled to compensation while you are off on Family and Medical Leave Act (FMLA) leave.

Q. Can I use all of my accrued paid leave before my time off is designated as FMLA leave?

Family Medical Leave Act Questions & Answers
A. No. It runs concurrently. FMLA leave does not start after paid leave is used up. The FMLA designation is based on the reason you are taking the leave, not whether you are on paid leave or unpaid leave. The law gives you protection regardless of pay status. FMLA actually protects your job, unlike sick leave, because you cannot be disciplined for missing time for an FMLA reason. If you have questions about sick leave, refer to your Collective Bargaining Agreement or handbook.

Is Paid Parental Leave in addition to Family Medical Leave Act (FMLA)?

Duke HR - Parental Leave
No, this leave is concurrent with FMLA. The first three weeks and the next three weeks, which are Paid Parental Leave, are both counted toward the 12 weeks of FMLA.

Under what circumstances can a Family and Medical Leave Act (FMLA) leave of absence be taken?

Untitled Document
It can be taken for your own "serious health condition" or that of your child, parent or spouse to allow you to care for that family member. You can also take it in connection with the birth, adoption or foster care placement of your child. You are generally required to give 30 days advance notice when the leave is “foreseeable.” Your employer may require medical certification to support your request for Family Medical Leave Act (FMLA) leave.

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

Harris Dowell Fisher & Harris, L.C. -- Family & Medi...
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.

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

Q. Do I have to specifically request FMLA leave to receive job protection for my time off?

Family Medical Leave Act Questions & Answers
A. No. However, you must provide enough information about the reason for your absence so your supervisor realizes that your time off may qualify as FMLA leave. The Leave Request Form includes FMLA qualifying reasons and definitions.
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