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Employee Rights Memo Under the Family and Medical Leave Act

Mecklenburg North Carolina Employee Rights Memo Under the Family and Medical Leave Act

Name: Mecklenburg North Carolina Employee Rights Memo Under the Family and Medical Leave Act
Brand: US Legal Forms
Rating: 4.8 (236 reviews)

Category:

Employment - Leave - Family and Medical Leave Act (FMLA)

State:

Multi-State

County:

Mecklenburg

Control #:

US-AHI-199

Format:

Instant download

Description

This AHI form is a memo regarding employee's rights under the Family and Medical Leave Act (FMLA).

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FAQ

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12

You do not have to tell your employer your diagnosis, but you do need to provide information indicating that your leave is due to an FMLA-protected condition (for example, stating that you have been to the doctor and have been given antibiotics and told to stay home for four days).

Section 101(11) of FMLA defines serious health condition as "an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential medical care facility; or. continuing treatment by a health care provider.

If you are out on leave under the federal Family and Medical Leave Act (FMLA) because of your own or a family member's health issues, you and your employer can have some contact. It's generally acceptable if your employer reaches out to you to ask a question or clarify an issue while you're away from work.

A: Employers may want to contact employees as little as possible while on FMLA leave to avoid legal land mines, including wage and hour issues. Nonetheless, employers may call employees on FMLA leave to discuss other issues, such as updates regarding the employee's situation and the employee's return date.

The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for a qualifying exigency arising out of the foreign deployment of the employee's spouse, son, daughter, or parent.

FMLA - Serious Health Condition Alzheimers disease; chronic back conditions; cancer; diabetes; nervous disorders; severe depression; pregnancy or its complications, including severe morning sickness and prenatal care; treatment for substance abuse, multiple sclerosis;

Human resource professionals and managers should not call an employee into work for any reason during Family and Medical Leave Act (FMLA) time off, employment law attorneys say. Occasional phone calls may be OK, but workplace investigations and even promotion discussions should be postponed until the employee's return.

Here's a tricky question for you: Should an employee still be considered on FMLA leave when he's answering work email or phone calls? Yes, as long as the employee is only answering email or calls on a sporadic basis, his employer is not in violation of the Family Medical Leave Act.

Eligible state employees who give birth will receive eight weeks of paid leave to recover from the birth and to bond with and care for their newborn. Other eligible state employees will receive four weeks of paid leave to bond with and care for the child.

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Mecklenburg North Carolina Employee Rights Memo Under the Family and Medical Leave Act

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FAQ

What conditions qualify for FMLA?

Does FMLA require a diagnosis?

What is considered a serious health condition?

Can your boss contact you while on FMLA?

Can you reach out to an employee on FMLA?

What are FMLA laws in NC?

What illnesses fall under FMLA?

Can my manager call me while on FMLA?

Can you answer emails while on FMLA?

Does North Carolina have paid family medical leave?

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