EMPLOYEE RIGHTS AND RESPONSIBILITIESUNDER THE FAMILY AND MEDICAL LEAVE ACTBasic Leave Entitlementa regimen of continuing treatment, or incapacity due to pregnancy, orincapacity due to a chronic condition. Other conditions may meet thedefinition of continuing treatment.

• for incapacity due to pregnancy, prenatal medical care or child birth;• to care for the employee’s child after birth, or placement for adoption
or foster care;• to care for the employee’s spouse, son, daughter or parent, who hasa serious health condition; or• for a serious health condition that makes the employee unable toperform the employee’s job.

Use of Leave

Military Family Leave Entitlements

Substitution of Paid Leave for Unpaid Leave

FMLA requires covered employers to provide up to 12 weeks of unpaid,
job-protected leave to eligible employees for the following reasons:Eligible employees whose spouse, son, daughter or parent is on covered
active duty or call to covered active duty status may use their 12-weekleave entitlement to address certain qualifying exigencies. Qualifying
exigencies may include attending certain military events, arranging foralternative childcare, addressing certain financial and legal arrangements,
attending certain counseling sessions, and attending post-deployment
reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible
employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is:(1) a current member of the Armed Forces, including a member of theNational Guard or Reserves, who is undergoing medical treatment,
recuperation or therapy, is otherwise in outpatient status, or is otherwise
on the temporary disability retired list, for a serious injury or illness*;or (2) a veteran who was discharged or released under conditions otherthan dishonorable at any time during the five-year period prior to thefirst date the eligible employee takes FMLA leave to care for the covered
veteran, and who is undergoing medical treatment, recuperation, ortherapy for a serious injury or illness.**The FMLA definitions of “serious injury or illness” forcurrent servicemembers and veterans are distinct fromthe FMLA definition of “serious health condition”.
Benefits and Protections

During FMLA leave, the employer must maintain the employee’s healthcoverage under any “group health plan” on the same terms as if theemployee had continued to work. Upon return from FMLA leave, mostemployees must be restored to their original or equivalent positions
with equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit
that accrued prior to the start of an employee’s leave.

An employee does not need to use this leave entitlement in one block.
Leave can be taken intermittently or on a reduced leave schedule when
medically necessary. Employees must make reasonable efforts to scheduleleave for planned medical treatment so as not to unduly disrupt theemployer’s operations. Leave due to qualifying exigencies may also betaken on an intermittent basis.
Employees may choose or employers may require use of accrued paid
leave while taking FMLA leave. In order to use paid leave for FMLA
leave, employees must comply with the employer’s normal paid leave
policies.

Employee Responsibilities

Employees must provide 30 days advance notice of the need to take
FMLA leave when the need is foreseeable. When 30 days notice is notpossible, the employee must provide notice as soon as practicable andgenerally must comply with an employer’s normal call-in procedures.
Employees must provide sufficient information for the employer to determine
if the leave may qualify for FMLA protection and the anticipated timing
and duration of the leave. Sufficient information may include that theemployee is unable to perform job functions, the family member is unable
to perform daily activities, the need for hospitalization or continuing
treatment by a health care provider, or circumstances supporting the needfor military family leave. Employees also must inform the employer if
the requested leave is for a reason for which FMLA leave was previously
taken or certified. Employees also may be required to provide a certificationand periodic recertification supporting the need for leave.

Employer Responsibilities

Covered employers must inform employees requesting leave whether
they are eligible under FMLA. If they are, the notice must specify any
additional information required as well as the employees’ rights andresponsibilities. If they are not eligible, the employer must provide a
reason for the ineligibility.
Covered employers must inform employees if leave will be designatedas FMLA-protected and the amount of leave counted against the employee’sleave entitlement. If the employer determines that the leave is not
FMLA-protected, the employer must notify the employee.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:Eligibility Requirements

Employees are eligible if they have worked for a covered employer for atleast 12 months, have 1,250 hours of service in the previous 12 months*,
and if at least 50 employees are employed by the employer within 75 miles.

*Special hours of service eligibility requirements apply toairline flight crew employees.

• interfere with, restrain, or deny the exercise of any right provided
under FMLA; and• discharge or discriminate against any person for opposing any practicemade unlawful by FMLA or for involvement in any proceeding underor relating to FMLA.

Enforcement

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physicalor mental condition that involves either an overnight stay in a medicalcare facility, or continuing treatment by a health care provider for acondition that either prevents the employee from performing the functionsof the employee’s job, or prevents the qualified family member fromparticipating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may
be met by a period of incapacity of more than 3 consecutive calendar days
combined with at least two visits to a health care provider or one visit andAn employee may file a complaint with the U.S. Department of Laboror may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination,or supersede any State or local law or collective bargaining agreement
which provides greater family or medical leave rights.

FMLA section 109 (29 U.S.C. § 2619) requires FMLA
covered employers to post the text of this notice. Regulation
29 C.F.R. § 825.300(a) may require additional disclosures.

For additional information:
1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV

U.S. Department of Labor Wage and Hour Division

WHD Publication 1420 · Revised February 2013