While an employee is on FMLA leave, the employer must hold the employee s position open or place the employee in an equivalent position on his or her return to work. An employer must also continue an employee s benefits and retain all of his or her accrued benefits. Treatment does not include routine physical, eye, or dental exams. This method avoids stacking back to back leave entitlements. State Family and Medical Leave Requirements State family medical leave requirements must also be complied with.
Some states have more generous requirements than others.
In those instances, the more generous requirements override the federal law. If the employer provides employee handbooks, the above information must be included in the handbook. Medical Certification Employers may require that employees requesting medical leave for themselves or to care for a family member must provide a medical certification in a timely manner. The employee must provide the certification if requested within 15 calendar days of the employer s request. Employers must advise the employee whether medical certification will be required when the employee requests the leave.