Frequently Asked Questions
Question: Is family and medical leave paid or unpaid?
Answer: Family and medical leave is generally unpaid leave. It is also possible that an eligible employee may choose – or an employing office may require – that an employee substitute vacation, sick, or other types of personal leave for some or all of their unpaid FMLA leave.
Question: How are family and medical leave rights and benefits protected when an employee works for more than one employing office?
Answer: Where two or more employing offices exercise some control over the work or working conditions of an employee, or where the employee performs work that simultaneously benefits two or more employing offices, or works for two or more employing offices during a workweek, a "joint employment relationship" may exist. When employing offices employ a covered employee jointly, they may designate one of themselves to be the primary employing office, and the other(s) to be the secondary office(s). The primary employing office is responsible for giving required notices to the covered employee, providing family and medical leave, and maintaining the employee’s health benefits.
Question: If family and medical leave is taken for the birth of a child, or for the placement of a child for adoption or foster care, when must the leave be concluded?
Answer: An employee's entitlement to leave for the birth or placement for adoption or foster care of a child expires at the end of the 12-month period beginning on the date of the birth or placement of that child, unless the employing office permits leave to be taken for a longer period. Any family and medical leave must be concluded within the one-year period.
Question: May an employing office transfer an employee to an "alternative position" in order to accommodate intermittent leave or a reduced leave schedule?
Answer: When an employee requests intermittent leave or a reduced leave schedule that is foreseeable based on planned medical treatment, or where the employing office agrees to permit such leave for the birth or placement of a child, the employing office can transfer an employee temporarily to an available alternative position if the position has equivalent pay and benefits and accommodates recurring periods of leave better than the regular employment position of the employee.
Question: What notice does an employee have to give an employing office when taking family and medical leave?
Answer: When the need for family and medical leave is foreseeable, an employee must give the employing office at least 30 days advance notice of his or her intent to take leave. Where circumstances make that impossible, an employee must give as much notice as is practicable. For medical leave, employees must schedule planned treatment so as not to unduly disrupt the employing office's operations.
Question: When must an employee provide medical certification to support a request for family and medical leave?
Answer: When an employee requests family and medical leave, the employing office may require medical certification from the health care provider supporting the need for leave due to a serious health condition affecting the employee or an immediate family member. When the need for leave is foreseeable, and at least 30 days notice has been provided, an employee should provide the requested medical certification before the leave begins. When this is not possible, an employee must provide the requested certification to the employing office within the time frame requested by the employing office (which must allow at least 15 calendar days after the employing office's request), unless it is not practicable under the particular circumstances to do so despite an employee's diligent, good faith efforts.
