EMPLOYEE RIGHTS AND RESPONSIBILITIES

UNDER THE FAMILY AND MEDICAL LEAVE ACT

Basic Leave Entitlement

FMLA requires covered employers to provide up to 12 weeks of unpaid,

job-protected leave to eligible employees for the following reasons:

• for incapacity due to pregnancy, prenatal medical care or child birth;

• to care for the employee’s child after birth, or placement for adoption

or foster care;

• to care for the employee’s spouse, son, 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.

Military Family Leave Entitlements

Eligible employees whose spouse, son, daughter or parent is on covered

active duty or call to covered active duty status may use their 12-week

leave entitlement to address certain qualifying exigencies. Qu

alifying

exigencies may include attending certain military events, arranging for

alternative childcare, addressing certain financial and legal ar

rangements,

attending certain counseling sessions, and attending post-deployment

reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible

employees to take up to 26 weeks of leave to care for a covered service

-

member during a single 12-month period. A covered servicemember is:

(1) a current member of the Armed Forces, including a member of the

National Guard or Reserves, who is undergoing medical treatment,

recuperation or therapy, is otherwise in outpatient status, or is otherwise

on the temporary disability retired list, for a serious injury

or illness*;

or (2) a veteran who was discharged or released under conditions other

than dishonorable at any time during the five-year period prior

to the

first date the eligible employee takes FMLA leave to care for the covered

veteran, and who is undergoing medical treatment, recuperation, or

therapy for a serious injury or illness.*

*The FMLA definitions of “serious injury or illness” for

current servicemembers and veterans are distinct from

the FMLA definition of “serious health condition”.

Benefits and Protections

During FMLA leave, the employer must maintain the employee’s health

coverage under any “group health plan” on the same terms as if the

employee had continued to work. Upon return from FMLA leave, most

employees must be restored to their original or equivalent positions

with equivalent pay, benefits, and other employment terms.

Use of FMLA leave cannot result in the loss of any employment benefit

that accrued prior to the start of an employee’s leave.

Eligibility Requirements

Employees are eligible if they have worked for a covered employer for at

least 12 months, have 1,250 hours of service in the previous 12 months*,

and if at least 50 employees are employed by the employer within 75 miles.

*Special hours of service eligibility requirements apply to

airline flight crew employees.

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical

or mental condition that involves either an overnight stay in a medical

care facility, or continuing treatment by a health care provider for a

condition that either prevents the employee from performing the functions

of the employee’s job, or prevents the qualified family member from

participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may

be met by a period of incapacity of more than 3 consecutive calendar days

combined with at least two visits to a health care provider or one visit and

a regimen of continuing treatment, or incapacity due to pregnancy, or

incapacity due to a chronic condition. Other conditions may me

et the

definition of continuing treatment.

Use of Leave

An employee does not need to use this leave entitlement in one block.

Leave can be taken intermittently or on a reduced leave schedule when

medically necessary. Employees must make reasonable efforts to schedule

leave for planned medical treatment so as not to unduly disrupt the

employer’s operations. Leave due to qualifying exigencies may also be

taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require use of accrued paid

leave while taking FMLA leave. In order to use paid leave for FMLA

leave, employees must comply with the employer’s normal paid leave

policies.

Employee Responsibilities

Employees must provide 30 days advance notice of the need to take

FMLA leave when the need is foreseeable. When 30 days notice is not

possible, the employee must provide notice as soon as practicable and

generally must comply with an employer’s normal call-in procedures.

Employees must provide sufficient information for the employer t

o determine

if the leave may qualify for FMLA protection and the anticipated timing

and duration of the leave. Sufficient information may include t

hat the

employee is unable to perform job functions, the family member is unable

to perform daily activities, the need for hospitalization or continuing

treatment by a health care provider, or circumstances supporting the need

for military family leave. Employees also must inform the employer if

the requested leave is for a reason for which FMLA leave was previously

taken or certified. Employees also may be required to provide a

certification

and periodic recertification supporting the need for leave.

Employer Responsibilities

Covered employers must inform employees requesting leave whether

they are eligible under FMLA. If they are, the notice must specify any

additional information required as well as the employees’ rights and

responsibilities. If they are not eligible, the employer must

provide a

reason for the ineligibility.

Covered employers must inform employees if leave will be designated

as FMLA-protected and the amount of leave counted against the e

mployee’s

leave entitlement. If the employer determines that the leave i

s not

FMLA-protected, the employer must notify the employee.

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; and

• 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

An employee may file a complaint with the U.S. Department of Lab

or

or may bring a private lawsuit against an employer.

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.

FMLA section 109 (29 U.S.C. § 2619) requires FMLA

covered employers to post the text of this notice. Regulation

29 C.F.R. § 825.300(a) may require additional disclosures.