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1997-1999 MSUAASF Master Agreement

APPENDIX G

PERSL 1338

Memo

DATE: July 31, 1997

TO: Personnel Directors/Designees
Labor Relations Directors /Designees
Exclusive Representatives

FROM: Katherine Megarry, Labor Relations Representative, Senior
Labor Relations/Compensation Division

PHONE: 297-7798

RE: Revised Statewide Policy on FMLA -- REPLACES policy distributed on 9/10/96

Enclosed is the most recent revision of the Statewide Policy on FMLA and the Frequently Asked Questions. (The FMLA posting and Certification of Health Care Provider form have not been revised, but fresh copies are attached for your convenience). This revision replaces the policy distributed by my memo of 9/10/96. Please distribute this revision to your staff and other relevant employees in your agency.

This revision has been approved by all of the exclusive representatives and will be reprinted in those collective bargaining agreements that have chosen to print the policy. The policy applies to all employees, regardless of collective bargaining agreement or plan.

To highlight the changes that have been made, I have enclosed a legislative copy. As you will see, all of the changes are typographical and/or are for purposes of clarity and conformance with the final federal regulations of 1/6/95.

If there are any questions, feel free to contact your labor relations representative or myself.

cc: DOER Labor Relations Staff
DOER Employee Insurance Division Staff
Cindy Storelee, Workers Compensation Division
Cindy Lukas, SEMA4
Melissa Wright, Attorney General's Office


STATEWIDE POLICY ON FMLA

Purpose

To provide guidelines to agencies on implementation of the Federal Family Medical Leave Act of 1993 (FMLA).

Policy

Every fiscal year, the State of Minnesota will provide up to 12 weeks of job-protected leave to "eligible" employees for certain family and medical reasons consistent with the FMLA, relevant State law, and collective bargaining agreements and plans.

Definitions

Listed below are the definitions of specific words and phrases as used in the Family Medical Leave Act. These definitions are intended to be used solely in relation to the provisions of the Family Medical Leave Act, and should not be expanded to any other situation. Following each heading is a citation number from the regulations published in 1995.

"EMPLOYEE IS NEEDED TO CARE FOR A FAMILY MEMBER" 825.116

This encompasses both physical and psychological care which include situations where:

1) Because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic, nutritional needs or safety; or is unable to transport himself or herself to the doctor.

2) The employee is needed to provide psychological comfort and reassurance which would be beneficial to a child, spouse or parent with a serious health condition who is receiving inpatient or home care.

3) The employee may be needed to fill in for others who are caring for the family members, or to make arrangements for changes in care, such as transfer to a nursing home.

"HEALTH CARE PROVIDER" 825.118

a) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices.

b) Others capable of providing health care services including only:

- Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in the State.

- Nurse practitioners and nurse-midwives who are authorized to practice under State law.

- Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.

- Clinical Social Worker.

- Any health care provider from whom an employer or the employer=s group health plan=s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits, including a foreign physician.

"INCAPABLE OF SELF-CARE" 825.113

Incapable of self-care means that the individual requires active assistance or supervision to provide daily self-care in three or more of the Aactivities of daily living@ (ADLs) or Ainstrumental activities of daily living@ (IADLs).

"IN LOCO PARENTIS" 825.113

Persons who are Ain loco parentis@ include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.

"PARENT" 825.113

A biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents "in law".

"PHYSICAL OR MENTAL DISABILITY" 825.113

A physical or mental impairment that substantially limits one or more of the major life activities of an individual.

"SERIOUS HEALTH CONDITION" 825.114

For purposes of the FMLA, serious health condition means an illness, injury, impairment, or physical or mental condition that involves:

A. Inpatient care, i.e., an overnight stay, in a hospital, hospice, or residential care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or

B. Continuing treatment by a health care provider that involves:

1. A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom) of more than three consecutive calendar days; and

2. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:

(a) Treatment two or more times by a health care provider, by a nurse or physician=s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under order of, or on referral by, a health care provider; or

(b) One treatment session by a physician which results in a regimen of continuing treatment by a health care provider, or at least under the supervision of the health care provider; or

C. Pregnancy. Any period of incapacity due to pregnancy, or for prenatal care. This absence qualifies for FMLA leave even though the employee does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days; or

D. Chronic serious health condition. Any period of incapacity or treatment for such incapacity due to a chronic serious health care condition. This absence qualifies for FMLA leave even though the employee or immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.

Chronic serious health condition is defined as one which:

(a) Requires periodic visits for treatment by a health care provider, or by a nurse or physician=s assistant under direct supervision of a health care provider; and

(b) Continues over an extended period of time; and

(c) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.); or

E. Permanent or long term condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider, e.g., Alzheimer's, a severe stroke, or the terminal stages of a disease; or

F. Multiple treatments by a health care provider or a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention such as cancer (radiation, chemotherapy, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).

Specific Exclusions. Routine physical, eye, or dental examinations, cosmetic treatments, cold, flu, and earaches are excluded.

Specific Inclusions. The following conditions are included in the definition of serious health condition:

A. Mental illness resulting from stress or allergies; and

B. Substance abuse if the conditions of the FMLA rules are met. Leave may only be taken for treatment of substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. Absence due to an employee=s use of the substance does not qualify for FMLA leave.

"SON" OR "DAUGHTER" 825.113

A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and "incapable of self-care" because of a mental or physical disability.

"SPOUSE" 825.113

A spouse means a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including common law marriage in states where it is recognized.

"UNABLE TO PERFORM THE FUNCTIONS OF THE POSITION OF THE EMPLOYEE" 825.115

Where the health care provider finds that the employee is unable to work at all or is unable to perform any of the essential functions of the employee's position within the meaning of the Americans with Disabilities Act.

Procedures and Responsibilities

    I. Eligibility

    A. Employee Eligibility

      1. The employee must have worked for the State of Minnesota for at least one year; and

      2. The employee must have worked at least 1,250 hours during the 12 months immediately preceding the request. The Fair Labor Standards Act requires employers to count hours of work only, not paid hours such as vacation, holidays, sick pay, unpaid leave of any kind, or periods of layoff.

    B. Reasons For Taking a Qualifying Leave

    1. For the birth of the employee=s child, and to care for such child.

    2. For the placement with an employee of a child for adoption or foster care.

    3. To care for the employee's seriously ill spouse, son or daughter, or parent.

      4. Because of a serious health condition that makes the employee unable to perform one or more of the essential functions of an employee=s job.

    Circumstances may require that leave for the birth of a child, or for placement for adoption or foster care, be taken prior to actual birth or placement.

    C. Medical Certification

      1. Where FMLA qualifying leave is foreseeable and 30 days notice has been provided, an employee must provide a medical certification before leave begins.

      2. Where FMLA qualifying leave is not foreseeable, an employee must provide notice to the Employer of the need for leave as soon as practicable (1 or 2 working days is expected except in extraordinary circumstances). The employee must then provide medical certification within a reasonable timeframe established by the Employer.

      3. An Appointing Authority may require medical certification to support a FMLA qualifying leave request either to care for an employee's seriously ill family member, or for leave due to a serious health condition that makes the employee unable to perform the functions of his or her job.

      4. The Appointing Authority may require a fitness for duty report upon the employees return.

D. Designating Leave

        1. An employer may make a preliminary designation of leave as FMLA qualifying if medical certification was not provided prior to the beginning of leave, or if the employer is waiting for a second or third medical opinion.

        2. Where an employer has knowledge that an employee=s leave qualifies as FMLA leave and does not designate the leave as such, the employer may not designate leave retroactively as FMLA leave unless:

          i. The employee has been out of work and the employer does not learn of the reason for the leave until after the employee returns (in which case the employer must designate the leave upon the employee=s return to work); or

          ii. The employer has provisionally designated leave as FMLA leave and awaits receipt of a medical certification or other reasonable documentation.

        If the employee gives notice of the reason of the leave later than two days after returning to work, the employee is not entitled to the protections of the FMLA.

    II. Coordination With Collective Bargaining Agreements/Plans

    A. FMLA qualifying leaves of absence will be identified as those authorized under collective bargaining agreements or plans, i.e., disability leave or personal leave, dependent on which leave is appropriate.

    B. The FMLA provides for an unpaid leave under certain circumstances. The employer shall require an employee to use sick leave for situations required by the collective bargaining agreements. The employer shall only require an employee to use vacation and/or compensatory time in specific instances allowed by the collective bargaining agreements. However, the employee may request and the employer shall grant vacation or compensatory time. All paid leave time counts toward the twelve (12) weeks of FMLA qualifying leave.

    III. Job Benefits and Protection

    A. During an FMLA qualifying leave, the employee and dependent health and dental insurance is maintained on the same basis as coverage would have been provided if the employee had been continuously employed during the entire leave period.

    B. An eligible employee returning from a FMLA qualifying leave is entitled to be restored to the same position and shift that the employee held when the FMLA qualifying leave began, or to an equivalent position and shift with equivalent benefits, pay, and other terms and conditions of employment.

    C. Provided the employee returns to work immediately following his/her FMLA qualifying leave (i.e., does not follow the FMLA qualifying leave with additional unpaid leave), benefits must be resumed upon the employee's return to work at the same level as were provided when leave began. Any new or additional coverage or changes in health benefits must be made available to an employee while on FMLA qualifying leave.

    IV. General Provisions

    A. Recordkeeping

    1. FMLA provides that the Appointing Authority shall make, keep, and preserve records pertaining to the obligations under the Act.

    2. The records must disclose the following:

      (a) Basic payroll data - name; address; occupation; rate of pay; hours worked per pay period; additions and deductions from wages; total compensation paid.

    (b) Dates FMLA qualifying leave is taken.

        (c) If FMLA qualifying leave is taken in increments of less than one full day, the number of hours taken.

        (d) Copies of employee notices of leave provided to the employer; copies of all general and specific notices given to employees by the employer.

        (e) Any documents describing employee benefits or employer policies or practices regarding taking of paid or unpaid leave.

        (f) Records of any disputes between the employer and employee regarding designation of FMLA qualifying leave.

        (g) Records and documents relating to medical certifications or medical histories of employees or employees' family members, shall be maintained in separate confidential files.

        (h) Premium payments for employee benefits.

    B. Posting Requirements

      1. Appointing Authorities must post a notice describing the Act's provisions. The notice must be posted in all areas where employees would normally expect to find official notices.

      2. If an Appointing Authority publishes and distributes an employee handbook, information on employee entitlements and obligations under the FMLA must be included.

      3. If the Appointing Authority does not publish or distribute a handbook, it must provide written guidance to employees when they request a FMLA qualifying leave.

    C. Employer's Response to the Employee's Request for FMLA Leave

    When an employee requests FMLA qualifying leave, the employer must provide the employee with the following:

        1. Notice describing the employee=s obligations and explaining the consequences of a failure to meet the obligations.

        2. The leave will be counted against the employee=s twelve weeks of FMLA leave.

        3. Medical certification requirements.

        4. Employee's right to use paid leave and whether the employer requires the substitution of paid leaves.

        5. Requirements concerning payment of health insurance premiums.

        6. The employee=s potential liability for payment of health insurance premiums paid by the employer during FMLA leave if the employee fails to return to work for at least thirty (30) calendar days after taking the leave.

        7. Requirements for a fitness-for-duty certificate for the employee to be restored to employment.

        8. The employee=s rights to restoration to the same or an equivalent job upon return from FMLA leave.

D. Appeal Process

If an employee believes that their rights under the FMLA have been violated, he/she may:

1. Internal

a.) Contact your Human Resources office, or;
b.) Contact your Labor Union/Association.

2. External

          a.) File or have another person file on his/her behalf, a complaint with the Secretary of Labor.

          (1.) The complaint may be filed in person, by mail or by telephone, with the Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor. The complaint may be filed at any local office of the Wage and Hour Division; the address may be found in telephone directories.

          (2.) A complaint filed with the Secretary of Labor should be filed within a reasonable time of when the employee discovers that his/her FMLA rights have been violated, but in no event more than two (2) years from the date the alleged violation occurred, or three (3) years for a willful violation.

          (3.) No particular form is required to make a complaint, however the complaint must be reduced to writing and include a statement detailing the facts of the alleged violation.

or;

          b.) File a private lawsuit pursuant to section 107 of the FMLA.


FREQUENTLY ASKED QUESTIONS

1. Which employees are eligible for an FMLA qualifying leave?

An "eligible employee" is a State employee who:

a) Has been employed by the State for at least 12 months, and
b) Has worked and been compensated for at least 1,250 hours during the 12-month
period immediately preceding the leave (this does not include vacation, sick leave, other paid leave, or compensatory timeCthis does include overtime worked).

2. Are only permanent employees eligible for FMLA qualifying leave?

No, non-permanent employees are eligible if they meet the requirements stated under question number one above. If employees are not in insurance eligible status, they are only eligible for unpaid time off and not the insurance benefits.

3. Under what circumstances are employees eligible to take a FMLA qualifying leave?

    a) For birth of the employee=s child, and to care for the newborn child;
    b) For placement with the employee of a child for adoption or foster care;
    c) To care for the employee's spouse, son, daughter, or parent with a serious health condition; and
    d) Because of a serious health condition that makes the employee unable to perform the functions of the employee's job.

4. How much time may an employee take as FMLA qualifying leave?

Eligible employees may take up to twelve work weeks of leave during each fiscal year with the following exceptions:

Exceptions:

If a husband and wife both work for the State, refer to Question No. 6.

If the leave is taken for the birth of a child or the placement of a child for adoption or foster care, refer to Question No. 7.

5. If an employee uses 12 weeks of FMLA qualifying leave in one fiscal year, are they allowed another 12 weeks the following fiscal year for the same condition?

Yes, provided the employee still meets all the eligibility criteria (including 1250 hours worked in the year preceding the request).

6. If both husband and wife are State employees, are they both eligible for twelve weeks of FMLA qualifying leave during the fiscal year?

Yes. However, a husband and wife may take only a combined total of twelve weeks of FMLA qualifying leave per fiscal year under the following situations:

a) For the birth of a son or daughter and to care for the newborn child;
b) For placement of a child with the employee for adoption or foster care;
c) To care for the employee=s parent (not parent-in-law) who has a serious health
condition.

7. If FMLA qualifying leave is taken for the birth of a child, or for placement of a child for adoption or foster care, must the leave be completed within a specific period of time?

Although it is possible that an employee could qualify for two separate FMLA qualifying leaves for the birth or placement of a child (under the condition explained in Question No. 5 above), all FMLA qualifying leaves must be completed within 12 months of the birth or placement of a child. The 12-month period begins on the date of birth or placement.

8. Does FMLA leave have to be taken all at once, or can it be taken intermittently?

FMLA qualifying leave taken for the employee=s own serious health condition, or for the serious health condition of the employee=s spouse, son, daughter, or parent, may be taken intermittently or on a reduced schedule if Amedically necessary@and if that medical need can best be accommodated by an intermittent schedule. The need for intermittent leave or a reduced schedule must be documented by the employee=s or family member=s health care provider. Appointing Authorities may approve intermittent leave for the birth/placement of a child.

9. Is an employee required to use paid sick leave for certain FMLA qualifying leaves?

Yes. FMLA allows an employer to require the use of paid leave for certain qualifying events as stated under the terms of the collective bargaining agreements and compensation plans. Employees must use sick leave for the reasons authorized by the bargaining agreement/plan provisions. The FMLA does not require an employer to expand the use of paid leave.

10. Are there circumstances under which an employee may request to receive paid vacation or compensatory time in conjunction with FMLA?

An employee may request and receive paid vacation or compensatory time. Granting of vacation or compensatory time is not subject to any other employer requirements such as seniority or staffing needs.

However, the employee must attempt to schedule foreseeable qualifying leave so as not to unduly disrupt the employer's operation. If the employee is unable to provide sufficient documentation to determine FMLA eligibility, the employee shall be placed on unpaid leave until such documentation is made available to the employer.

11. How do you determine the amount of FMLA qualifying leave used if an employee works a fixed part-time schedule or the employee's schedule varies from week to week?

The amount of FMLA qualifying leave is determined on a prorata basis by comparing the requested schedule with the employee's normal schedule.

Where the schedule varies from week to week, a weekly average of the hours worked over the 12 weeks prior to the beginning of the leave period is used to calculate the employee's normal workweek.

12. How can an Appointing Authority determine if a request for leave is a FMLA qualifying leave?

a) An employee requesting leave shall be asked the question, "Is the request for paid or unpaid time off for the purpose of an FMLA qualifying event (yes) (no)?"

b) If an employee requests a leave prior to completing a request for leave slip, a supervisor may ask the reason for the leave. The supervisor will ask for this information solely for the purpose of determining whether the leave is FMLA qualifying and/or if under the terms of the State's contracts or compensation plans an employee is eligible for paid or unpaid time off.

13. How can an employee determine if his or her request for time off qualifies under FMLA?

a) Notices explaining the Act's provisions and providing information concerning the procedures for filing complaints of violations of the Act shall be posted in conspicuous places at the worksite.

b) An employee may ask his or her supervisor, contact the personnel office or their union to ask questions concerning the employee's rights and responsibilities under the FMLA.

14. Can an FMLA qualifying leave extend an employee's period of employment?

No.

15. What are an employee's job protection rights upon return from an unpaid FMLA qualifying leave?

An eligible employee shall be restored to the same position that the employee held when the FMLA qualifying leave began, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment such as same shift, equivalent hours, etc.

16. How does an FMLA qualifying leave coordinate with the Statewide Sick Leave Policy?

The Act prohibits an employer from discriminating against employees who use FMLA qualifying leave. Therefore, the FMLA qualifying leave cannot be referred to in any employment actions including but not limited to discipline and selection.

17. Can employees choose whether or not they want to use FMLA qualifying leave?

No. It is the employer=s responsibility to designate leave as qualifying under FMLA. An employee may not choose whether leave shall be counted towards FMLA qualifying leave.

18. How can an employer verify an employee's need for leave because of a Aserious health condition?

The Appointing Authority=s FMLA designation decision must be based only on information received from the employee or the employee=s spokesperson.

An employer may also require an employee to obtain certification of a Aserious health condition@ from the employee=s health care provider. The employer can pay for a second opinion if it doubts the validity of the original certification. If the second opinion conflicts with the first, the employer may pay for a third opinion. The provider of the third opinion must be jointly approved by the employer and employee. The third opinion will be final.

If a leave request is for the serious health condition of a family member, the employer can require the employee to provide certification from a health care provider.

19. Is an employee eligible to continue health insurance benefits during a FMLA qualifying leave?

During an FMLA qualifying leave, the employee and dependent health and dental insurance coverage is maintained on the same basis as coverage would have been provided if the employee had been continuously employed during the entire leave period.

Employees who receive the partial employer contribution must continue to pay their portion of the premium in order to retain this coverage. If the employee fails to make their premium payments, they will lose the coverage and may not be covered for any claims which may have occurred while on FMLA qualifying leave.

20. What other insurance coverage may an employee continue during a FMLA qualifying leave?

An employee may continue all coverage which they had prior to going on the FMLA qualifying leave, by paying the full cost of the premium. This includes, but is not limited to, basic, optional, spouse, child life insurance and short term and long term disability insurance. If the employee takes leave due to a work-related disability, short term disability may not be continued. It may be reinstated upon the employee=s return to work.

21. May an employee choose not to retain health and dental coverages while on a FMLA qualifying leave?

Yes, an employee may choose not to retain these coverages. The coverages will be reinstated upon the employee=s return to work.

22. May an employee choose not to retain optional coverages while on a FMLA qualifying leave?

Yes, however, they may have the coverages reinstated upon return to work, if the return to work is within the allotted twelve weeks of FMLA qualifying leave. If the leave goes beyond twelve weeks, the employee must reapply with evidence of good health. If an employee chooses not to retain optional coverages, they will not be covered for any claims that may have occurred while they were on leave.

23. If an employee terminates employment during the FMLA qualifying leave, may the employer recoup the costs of the premiums paid?

Yes, an employer may recover its share of premiums paid during a period of unpaid FMLA qualifying leave from an employee if the employee fails to return to work (for at least thirty (30) calendar days) after the leave unless the employee does not return due to the continuation, recurrence or onset of the serious health condition, or due to other circumstances beyond the employee=s control.

24. What are an employee=s COBRA rights in relation to an FMLA qualifying leave?

As it relates to FMLA qualifying leave, the COBRA qualifying event is termination of employment, or the end of the leaveCwhichever comes first. Once the COBRA qualifying event occurs, the employee may choose to Acontinue@ health and dental by paying the entire cost of coverageCeven though the employee did not pay their share of the premium during the FMLA qualifying leave.

25. What can employees do who believe that their rights under FMLA have been violated?

The employee has the choice of:

    a) Filing, or having another person file on his or her behalf, a complaint with the Secretary of Labor, or
    b) Filing a private lawsuit pursuant to section 107 of FMLA.

26. How are employees protected who request leave or otherwise assert FMLA rights?

The FMLA prohibits an employer from interfering with, restraining, or denying the exercise of (or attempts to exercise) any rights provided by the Act.

27. Do State laws providing family and medical leave still apply?

Nothing in FMLA supersedes any provision of State law. However, if leave qualifies for FMLA and for leave under State law, the leave used counts against the employee=s entitlement under both laws.


9/96

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 Aeligible@ employees for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.

Reasons For Taking Leave:

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

  • to care for the employee=s child after birth, or placement for adoption or foster care;
  • to care for the employee=s spouse, son or daughter, or parent, who has a serious health condition; or
  • for a serious health condition that makes the employee unable to perform the employee=s job.

At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.

Advance Notice and Medical Certification:

The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.

  • The employee ordinarily must provide 30 days advance notice when the leave is Aforeseeable.@
  • 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 under any Agroup health plan.
  • 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 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 by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement:

  • The US Department of Labor is authorized to investigate and resolve complaints of violations.
  • 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 supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

For Additional Information:

Contact the nearest office of the Wage and Hour Division, listed in most telephone directories under US Government, Department of Labor.