FMLA: after six years, a bit more clarity.(includes related article on definition of a serious health condition)(Family and Medical Leave Act)Paltell, Eric
However, the definition of a “serious health condition” doesn’t necessarily hinge on the child’s age or level of independence. It focuses more on the nature and severity of the health condition. A mentally or physically disabled child, even if they are 18 or older, may be incapable of...
Yes, FMLA and Workers' Compensation benefits can overlap when the injury qualifies as a serious health condition. Employees cannot be forced to use FMLA leave solely because they are on workers' compensation. 5. What happens if I exceed 12 weeks of FMLA leave in Michigan? Employees who exceed...
The court rejected her argument and argues that the FMLA is distinct from American with Disabilities Act (ADA). The court notes FMLA does not establish disability under ADA, and suggests to analyze its concept of serious health condition.
Determine an employee’s FMLA eligibility and what qualifies as a serious health condition Identify when an employee has put you on notice of the need for FMLA leave, and how to send out the appropriate FMLA notices Conduct a review of FMLA medical certification and learn how to push back on...
Finally, the agency has requested employers give their opinions of multiple issues. Agency questions include: What is your definition of a serious health or chronic condition? What are your thoughts about intermittent leave as well as reduced-schedule leave? Do you understand your obligations and ri...
Serious health condition- includes any illness, injury, impairment, or physical or mental condition that involves: Inpatient care in a hospital, hospice, or residential medical care facility Any period of incapacity or treatment in connection with that inpatient care Continuing treatment by a health ...
12 weeks off to care for a spouse, child, or parent with a serious health concern or condition 12 weeks off if you need to take care of your own serious health issues 12-26 weeks off for an emergency that occurs to a covered servicemember with a serious injury if the employee is the...
You'll have to meet additional criteria if your child is 18 or older. For instance, they may need to have a serious health condition and be unable to care for themselves because of the condition. Military Family Leave Military family leave is another type of caregiver leave, except it’s ...
To entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition; To accomplish these purposes in a manner that accommodates the legitimate interests of employers; ...