An "employer" is a person that employs individuals in the state of Maryland for each working day during each of the 20 or more calendar workweeks in the current or preceding calendar year. Read the law: Md. Your employer may require that you give the employer written notice of your intention to take parental leave at least 30 days before the leave starts. There are exceptions to the notice requirement for premature births, unexpected adoptions, or unexpected foster placements.
Like FMLA, if an employer provides paid leave i. During any period that an eligible employee takes parental leave, an employer must maintain coverage of a group health plan for the duration of the parental leave and in the same manner that coverage would have been provided if the employee had continued in employment continuously for the duration of the parental leave.
An employer may recover the premium that the employer paid for maintaining coverage for an eligible employee under a group health plan during the period of parental leave if the employee fails to return to employment with the employer after the period of parental leave to which the employee is entitled has expired. You are entitled to return to the position you held when parental leave began or to an equivalent position i.
There are exceptions. You may not be entitled to return to the position you held when parental leave began if:. This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:.
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1, hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1, hours of service is determined according to FLSA principles for determining compensable hours or work.
The determination of being incapable of self-care is fact-specific and must be made based on the individual's condition at the time of the leave. Whether an adult child needs active assistance or supervision in three or more ADLs or IADLs must be determined based on all relevant factors, including, for example, the current effect of any episodic impairment.
Although disability must be broadly construed under the ADA, to qualify as an adult "son or daughter" under the FMLA, an individual must also be incapable of self-care because of the disability. If an adult son or daughter is determined to be incapable of self-care because of a disability, he or she will be considered a "son or daughter" under the FMLA. For a parent to take FMLA leave to care for an adult child, the son or daughter must also a have a serious health condition and b need care because of the serious health condition.
Serious health condition. A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
Although an adult child's serious health condition does not need to be directly related to his or her disability, the same condition may satisfy both the ADA definition of disability and the FMLA definition of serious health condition. However, the terms "disability" and "serious health condition" must be analyzed individually. Needed to care. A parent may be needed to care for his or her son or daughter if, for example, the adult child is unable to care for his or her own basic medical, hygienic or nutritional needs or safety, or is unable to transport himself or herself to the doctor because of the serious health condition.
An eligible employee's daughter has been diagnosed with cancer at age The daughter's cancer would meet the ADA's definition of disability. Even if the daughter's cancer goes into remission, it will continue to meet the ADA's definition of disability because the active condition substantially limits a major life activity—normal cell growth. For her parent to qualify for FMLA leave, however, a the cancer must cause the daughter to be incapable of self-care based on her condition at the time the FMLA leave commences ; b the daughter must have a serious health condition under the FMLA related to the cancer or not ; and c the parent must be needed to care for the daughter because of the serious health condition.
If the daughter suffers from the effects of cancer or chemotherapy that render her unable to perform activities of daily living such as bathing, eating and dressing , she will qualify as a "daughter" under the FMLA because she is incapable of self-care due to a disability.
Her cancer would meet the FMLA's definition of a serious health condition if it required her to receive inpatient care or continuing treatment by a doctor. The parent could demonstrate that the daughter is in need of care if, for instance, she needed to be driven to her radiation treatments.
In these circumstances, the parent would be entitled to take FMLA-protected leave to provide care for the daughter. Alternatively, if the daughter has cancer that is in remission and she is capable of self-care, she will still meet the ADA's definition of disability but will not meet the FMLA's definition of "son or daughter. In all instances, determinations under the FMLA depend on all the facts of a particular situation.
The determination of whether an adult child qualifies as a "son or daughter" under the FMLA does not change the law's other requirements. An employee requesting FMLA leave to care for an adult child must meet FMLA coverage and eligibility requirements, must provide his or her employer with notice of the need for leave, and must submit medical certification of a serious health condition if required by the employer. The FMLA contains special rules for the birth, adoption or foster care placement of a child.
Leave to care for a healthy newborn or newly placed adopted or foster child must be taken within 12 months of the birth or placement. This parental leave is available to both mothers and fathers; however, if married parents work for the same employer, the amount of leave available for bonding with the child is limited to a combined total of 12 weeks.
This rule does not apply to unwed parents. See U. To clarify further, the FMLA provides for five situations when an employee may take leave related to the birth, adoption or foster care placement of a child:.
Family leave is available under the FMLA when an employee is needed to care for a family member or a covered service member with a serious health condition. The definition of a "serious health condition" is discussed in detail below. The other key concept for employers to understand is the "needed to care for" requirement. At first glance, the "needed to care for" requirement appears to be a mechanism that may limit the opportunities for an employer to grant family leave.
In practice, this requirement rarely operates to disqualify an employee from family leave. Under the FMLA regulations, the term "needed to care for" encompasses both physical and psychological care.
Thus, family leave is available even when the family member is unable to care for his or her own medical, hygienic, nutritional, safety and transportation needs.
Family leave is also available when "psychological comfort and reassurance" would be beneficial to the family member. Medical leave is available under the FMLA when an employee with a serious health condition is unable to perform the functions of his or her job. The requirement that the employee be "unable to perform the functions" of his or her job means that the employee must be unable to work at all or is unable to perform any one of the essential functions of the employee's positions within the meaning of the ADA.
Facts About the Americans with Disabilities Act. Under the FMLA, a "serious health condition" SHC is an illness, injury, impairment, or physical or mental condition that involves either of the following:.
Inpatient care requires an overnight stay at a hospital, hospice or residential medical care facility. In addition to the actual overnight stay, inpatient care also includes any period of incapacity in connection with the inpatient care.
The term "incapacity" means inability to work, attend school or perform other regular daily activities because of the SHC, treatment for the SHC or recovery from the SHC. An employee may also take FMLA leave for any subsequent treatments related to the inpatient care, such as follow-up doctor visits or physical therapy. The first category of continuing treatment is for "incapacity and treatment. The second of the five categories of continuing care is any period of incapacity due to pregnancy and prenatal care.
FMLA leave is available for pregnancy and prenatal care even though the employee or family member does not receive treatment during the absence and even though the absence does not last more than three days. For example, a pregnant employee who is unable to report to work because of severe morning sickness is eligible for FMLA leave. The third category is any period of incapacity, or treatment for such incapacity, due to a chronic condition.
A chronic condition is a condition that meets all of the following conditions:. Chronic conditions include asthma, diabetes and epilepsy. FMLA leave is available for chronic conditions even though the employee or family member does not receive treatment during the absence and even though the absence does not last more than three days. For example, an employee with asthma who is unable to report for work due to the onset of an asthma attack is eligible for FMLA leave.
The fourth category is for any period of permanent or long-term incapacity for which treatment may not be effective. The employee or family member must be under the continuing supervision of a health care provider but does not have to be receiving active treatment.
Permanent or long-term conditions include Alzheimer's, severe stroke and the terminal stages of a disease. The fifth category of continuing treatment under the FMLA is any period of absence to receive multiple treatments by a health care provider, by a provider of health care services or on referral by a health care provider for either of the following:. Some, although very few, conditions are explicitly excluded by the FMLA regulations from recognition as serious health conditions:.
If the conditions for inpatient care or continuing treatment described above are met, then substance abuse may be a serious health condition. However, FMLA leave may be taken only for substance abuse treatment by a health care provider or by a provider of health care services on referral by a health care provider.
FMLA leave is not available for an absence due to an employee's use of an illegal substance. What is considered a serious health condition?
If the employer does not have an employee handbook, the employer must provide written guidance to each employee regarding the FMLA upon hire. In cases in which an employer's workforce is composed of a significant portion of workers who are not literate in English, the employer must provide the general notice in a language in which the employees are literate. Whenever an employee requests leave that may potentially be FMLA-qualifying, the employer must provide the employee with a notice of eligibility to take FMLA leave within five business days.
If an employer intends to designate an employee's leave as FMLA-qualified, it must generally provide notice of that fact to the employee within five business days, although, under some circumstances, designation may be made retroactively. Normally, an employer will want to make sure to comply with this procedure to start the clock running on the amount of FMLA leave the employee has remaining. The failure to designate the leave as FMLA-qualified may allow the employee to retain his or her full complement of available FMLA leave while still having all the job-protection, anti-discrimination and anti-retaliation benefits of the FMLA.
If there is a dispute between an employer and an employee as to whether leave qualifies as FMLA leave, it should be resolved through discussions between the employee and the employer. Such discussions and the decision must be documented. Can an employer retroactively designate FMLA leave? When the need for leave is foreseeable, an employee must provide the employer with 30 days' advance notice of the need for FMLA leave. For example, the need for FMLA leave for birth or adoption is almost always foreseeable 30 days in advance, and even surgeries are often scheduled 30 or more days in advance.
An employer may require an employee to comply with the employer's normal notice and procedural requirements for requesting leave, absent unusual circumstances. For example, an employer may generally require that written notice set forth the reasons for the requested leave, the anticipated duration of the leave and the anticipated start of the leave. An employee may also be required by an employer's policy to contact a specific individual. Nevertheless, employers should be wary of denying FMLA leave based on a determination that the employee has not provided adequate notice of the need for leave.
Furthermore, the notice does not have to be in writing and can be made in person or by telephone, e-mail or other reasonable electronic means. The notice does not even need to mention the FMLA, and it need only provide information sufficient for the employer to understand that the employee is seeking leave for an FMLA-qualifying event. If 30 days' notice is not practicable, because of a medical emergency or changed circumstances, the employee must give notice as soon as practicable.
In most cases, this means that employees must provide notice within one or two business days of becoming aware of the need for FMLA leave. An employer may require an employee seeking FMLA leave to provide medical certification from a health care provider. The employer must allow an employee at least 15 calendar days to return the certification form or a longer period when circumstances reasonably prevent an employee from submitting the certification on time. Employers may not request a medical certification for leave to bond with a healthy newborn child or a child placed for adoption or foster care.
However, employers may request documentation to confirm the family relationship. What kind of certification is required when an employee requests FMLA leave to adopt a child? What are an employer's options when employees do not return FMLA certification forms? If an employee submits a complete medical certification signed by the health care provider, the employer may not request additional information from the employee's health care provider.
However, the employer may contact the employee's health care provider, with the employee's permission, for purposes of clarification and authentication of the medical certification.
On his personal accident he went to apply for FMLA and was denied and told that his work already used his 12 weeks up. He knew nothing about this. He was on workmans compensation at the time that they used his FMLA. Is there any recourse to get his FMLA back so he can use it for his personal accident? Why would he need to use his FMLA when he was on workmans compensation? When he returned to work he submitted our sons birth certificate and the HR representative told him we were denied because it had exceeded the 30 days to enroll him.
Can they do this while on FMLA? If I had not been on my job for a year and was a few days to making my 90 days with full benefits when I had an unavoidable medical situation what do I file for when my job has me on medical leave but I'm not sure it is fmla and I have no income to pay my bills and not sure when the doctors or I will be able to medically clear me to physically do my job.
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