Your Rights Under the Family Medical Leave Act of 1993

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Employees are eligible if they have worked for the State of Minnesota for at least one year and for 1,250 hours over the previous 12 months.

Reasons for taking leave:

1. Unpaid FMLA leave must be granted for any of the following reasons:

1. To care for employee's child after birth or placement for adoption or foster care; or
2. To care for the employee's spouse, son or daughter, or parent who has a serious health condition; or
3. For a serious health condition that makes the employee unable to perform the employee's job.

2. Under certain circumstances, the employer may force an employee using FMLA leave to exhaust all paid sick leave;

3. At the employee's option, and in most circumstances after all paid sick leave has been exhausted, paid vacation may be used to fill in the remainder of the 12 weeks fo unpaid FMLA leave.

Advance Notice and Medical Certification:

The employee may be required to provide advance notice and medical certification. Taking of leave may be denied if the employee does not provide requested medical certification.

• The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable"
• An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.

Job Benefits and Protection:

For the duration of FMLA leave, the employer must maintain the employee's health coverage as if the employee had continued to work, provided that the employee continues to make the required employee contribution.

Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

Unlawful Acts by Employers:

FMLA makes it unlawful for any employer to:

• Interfere with, restrain, or deny the exercise of any right provided under FMLA;
• Discharge or discriminate against any person for opposing any practice made unlawful or for involvement in any proceeding under or relating to FMLA.

Enforcement:

• The U.S. Department of Labor is authorized to investigate and resolve complaints of violations of the FMLA;
• An eligible employee may bring a civil action against an employer for violations.

FMLA does not affect any federal or state law prohibiting discrimination, or supercede any state or local law or collective bargaining agreement which provides greater family and/or medical leave rights.

This document is not intended as legal advice. Readers are encouraged to seek appropriate professional and/or legal advice.