Employees who have worked 1,250 hours over 12 months for the same employer are allowed to take FMLA leave (Family and Medical Leave Act of 1993). Under this Act, workers are allowed up to 12 weeks of unpaid, job-protected leave per 12 months for “serious health conditions” and situations relating to childbirth.

One of the features of FMLA, the ability to take leave without advance notice has caused some concern for Arizona employers. Employers all over the country have reported problems with this feature, particularly with employees taking FMLA leave without reporting the absence until after they return to work. This practice was leaving companies short-handed, and affecting productivity.

This was not the original intention of FMLA.

To clarify the situation, new regulations were released that will become final on January 17, 2009. Under these updates, employees may still take unscheduled, intermittent FMLA leave, but must follow their company’s standard procedure for reporting an absence. Those employees who do not comply can be legally terminated by the employer.

All public and private elementary and secondary schools are covered by FMLA, as are all public agencies. Businesses with 50 or more employees within 75 miles of the work site are covered by FMLA, too.

When an employee first requests FMLA leave, the employer is completely within its legal rights to require verification of the condition from the worker’s physician. Once the employee qualifies for the leave, however, the employer cannot prevent him or her from taking the leave. The employer cannot dictate how the leave is to be taken either.

For instance, John occasionally suffers from migraines. When he does, he often needs a day or two to recover. He does not need to schedule these days in advance. All that’s required is that he reports the absence as per his company’s protocol. He can come in late, leave early, or stay home from work for a couple of days as he needs. As long as he reports the absence and does not exceed his 12 weeks per year, the employer cannot prevent John from taking the FMLA leave.

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This entry was posted on Wednesday, December 3rd, 2008 at 5:55 am and is filed under Labor & Employment Laws, Short Term Disability Laws. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.