The Family and Medical Leave Act
Department of Labor
31-51qq-1Definitions31-51qq-2What employers are covered by the act?31-51qq-3In determining whether an employer is covered by FMLA, what does it mean to employ 75 or more employees on October first annually?Repealed31-51qq-4How is “joint employment” treated under FMLA?31-51qq-5What is meant by “successor in interest”?31-51qq-6Which employees are “eligible” to take a leave under FMLA?31-51qq-7Under what kinds of circumstances are employers required to grant family or medical leave?31-51qq-8For purposes of an employee qualifying to take FMLA leave for a family member, what may an employer require to confirm a family relationship?31-51qq-9What does it mean that an employee is “needed to care for” a family member?31-51qq-10For an employee seeking intermittent leave or reduced schedule leave, what is meant by the “medical necessity for” such leave?31-51qq-11How much leave may an employee take?31-51qq-12If leave is taken for the birth of a child, or for placement of a child for adoption or foster care, when must the leave be concluded?31-51qq-13How much leave may spouses take if they are employed by the same employer?31-51qq-14Does FMLA leave have to be taken all at once, or can it be taken in parts (intermittently or on a reduced schedule)?31-51qq-15May an employer transfer an employee to an “alternative position” in order to accommodate intermittent leave or a reduced schedule leave?31-51qq-16How does one determine the amount of leave used where an employee takes intermittent leave or reduced schedule leave?31-51qq-17May an employer deduct hourly amounts from an employee's salary when providing unpaid leave under FMLA, without affecting the employee's qualification for exemption as an executive, administrative, or professional employee?31-51qq-18Is FMLA leave paid or unpaid?31-51qq-19Under what circumstances may an employer designate leave, paid or unpaid, as FMLA leave and, as a result count it against the employee's total FMLA leave entitlement?Repealed31-51qq-20Is an employee entitled to benefits while using FMLA leave?31-51qq-21What are an employee’s rights on returning to work from FMLA leave?31-51qq-22When is the employer obligated to transfer an employee to work suitable to an employee’s physical condition?31-51qq-23What is an equivalent position?31-51qq-24Are there any limitations on an employer’s obligation to reinstate an employee?31-51qq-25How are employees protected who request leave or otherwise assert FMLA rights?31-51qq-26What notices to employees are required of employers under the FMLA?31-51qq-27What notice does an employee have to give an employer when the need for FMLA leave is foreseeable?31-51qq-28What are the requirements for an employee to furnish notice to an employer where the need for FMLA leave is not foreseeable?31-51qq-29What recourse do employers have if employees fail to provide the required notice?31-51qq-30When shall an employee provide medical certification to support FMLA leave?31-51qq-31How much information may be required in a medical certification for an employee’s own serious health condition or the serious health condition of a family member?31-51qq-32What may an employer do if it questions the adequacy of a medical certificate for leave taken because of an employee’s own serious health condition or the serious health condition of a family member?31-51qq-33Under what circumstances may an employer request subsequent recertifications of a medical condition?31-51qq-34What notice may an employer require regarding an employee's intent to return to work?31-51qq-35Under what circumstances may an employer require that an employee submit a “fitness-for-duty” certification that the employee is able to return to work?31-51qq-36What happens if an employee fails to satisfy the medical certification or recertification requirements?31-51qq-37Under what circumstances may a covered employer refuse to provide FMLA leave or reinstatement to eligible employees?31-51qq-38How should records and documents relating to medical certifications, recertifications or medical histories be maintained?31-51qq-39What if an employer provides more generous benefits than required by FMLA?31-51qq-40Do federal laws providing family and medical leave still apply?31-51qq-41How does FMLA affect federal and State anti-discrimination laws?31-51qq-42What employers are covered by the FMLA?Repealed31-51qq-43What can employees do who believe that their rights under FMLA have been violated?31-51qq-44What is the complaint process?31-51qq-45What are the provisions for resolution and reconsideration prior to a contested case hearing?Repealed31-51qq-46What procedures govern the contested case hearings?31-51qq-47What types of redress may the Commissioner order?31-51qq-48What are employers required to report to the labor department concerning their experience with the FMLA? Subtitle 31-51qq Appendix A and Appendix BRepealed31-51qq-49What is qualifying exigency leave?31-51qq-50What is leave to care for a covered servicemember with a serious injury or illness (military caregiver leave)?31-51qq-51What certification is required for leave taken because of a qualifying exigency?31-51qq-52What certification is required for leave taken to care for a covered servicemember (military caregiver leave)?