eFMLAregs & Federal Regulations

EFMLA
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Federal FMLA Regulations for the Family and Medical Leave Act of 1993

Topic List

The Family and Medical Leave Act

Covered Employers

Eligible Employees

Qualifying Reasons for Leave

Leave for Family Member

Serious Health Condition

Health Care Provider

12-Month Period Tracking Methods

Leave for Birth, Adoption or Foster Care of a Child

Intermittent and Reduced Schedule Leave

Paid FMLA Leave

Maintaining Benefits While Employees Are on FMLA Leave

Employee’s Reinstatement Rights

Key Employee

Employer’s Obligation Under FMLA

Medical Certification of a Serious Health Condition

Fitness for Duty Requirement

Denial of FMLA Leave or Reinstatement

Employee’s Recourse for Violation of FMLA Rights

Penalties for FMLA Violations

Required FMLA Recordkeeping

Special Rules for Employees of Schools

More Generous Benefits than FMLA

State Leave Laws

FMLA and Anti-Discrimination Laws

Definitions

The Family and Medical Leave Act

825.100 What is the Family and Medical Leave Act

825.100-825.803 Family & Medical Leave Act Final Rule: Part 12

825.100-825.803 Family & Medical Leave Act Final Rule: Part 1

825.100-825.803 Family & Medical Leave Act Final Rule: Part 2

825.100-825.803 Family & Medical Leave Act Final Rule: Part 3

825.100-825.803 Family & Medical Leave Act Final Rule: Part 4

825.100-825.803 Family & Medical Leave Act Final Rule: Part 5

825.100-825.803 Family & Medical Leave Act Final Rule: Part 6

825.100-825.803 Family & Medical Leave Act Final Rule: Part 7

825.100-825.803 Family & Medical Leave Act Final Rule: Part 9

825.100-825.803 Family & Medical Leave Act Final Rule: Part 10

825.100-825.803 Family & Medical Leave Act Final Rule: Part 11

825.100-825.803 Family & Medical Leave Act Final Rule: Part 8

The Family and Medical Leave Act

825.101 What is the Purpose of of the Act?

825.102 When was the Act effective?

825.103 How did the Act affect leave in progress on, or taken before, the effective date of the Act?

Covered Employers

825.104 What employers are covered by the Act?

825.105 In determining whether an employer is covered by FMLA, what does it mean to employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year?

825.106 How is "joint employment' treated under FMLA?

825.107 What is meant by "successor in interest"?

825.108 What is a ``public agency'?

825.109 Are Federal agencies covered by these regulations?

Eligible Employees

825.110 Which employees are ``eligible' to take leave under FMLA?

825.111 In determining if an employee is ``eligible' under FMLA, how is the determination made whether the employer employs 50 employees within 75 miles of the worksite where the employee needing leave is employed?

Qualifying Reasons for Leave

825.112 Under what kinds of circumstances are employers required to grant family or medical leave?

Leave for Family Member

825.113 What is a ``serious health condition' entitling an employee to FMLA leave?

Serious Health Condition

825.114 Inpatient Care.

825.115 Continuing treatment.

Leave for Family Member

825.116 What does it mean that an employee is ``needed to care for' a family member?

Serious Health Condition

825.117 For an employee seeking intermittent FMLA leave or leave on a reduced leave schedule, what is meant by ``the medical necessity for' such leave?

Health Care Provider

825.118 What is a ``health care provider'?

825.119 Leave for treatment of substance abuse.

825.120 Leave for pregnancy or birth.

825.121 Leave for adoption or foster care.

825.122 What do ``spouse,' ``parent,' and ``son or daughter' mean for purposes of an employee qualifying to take FMLA leave?

825.123 Unable to perform the functions of the position.

825.124 Needed to care for a family member or covered servicemember.

825.125 Definition of health care provider.

825.126 Leave because of a qualifying exigency.

825.127 Leave to care for a covered servicemember with a serious injury or illness.

12-Month Period Tracking Methods

825.200 How much leave may an employee take?

Leave for Birth, Adoption or Foster Care of a Child

825.201 Leave to care for a parent.

825.202 Intermittent leave or reduced leave schedule

Intermittent and Reduced Schedule Leave

825.203 Scheduling of intermittent or reduced scheduled leave.

825.204 May an employer transfer an employee to an ``alternative position' in order to accommodate intermittent leave or a reduced leave schedule?

825.205 Increments of FMLA leave for intermittent or reduced schedule leave.

825.206 May an employer deduct hourly amounts from an employee's salary, when providing unpaid leave under FMLA, without affecting the employee's qualification for exemption as an executive, administrative, or professional employee, or when utilizing the fluctuating workweek method for payment of overtime, under the Fair Labor Standards Act?

Paid FMLA Leave

825.207 Is FMLA leave paid or unpaid?

825.208 Under what circumstances may an employer designate leave, paid or unpaid, as FMLA leave and, as a result, count it against the employee's total FMLA leave entitlement?

Maintaining Benefits While Employees Are on FMLA Leave

825.209 Is an employee entitled to benefits while using FMLA leave?

825.210 How may employees on FMLA leave pay their share of group health benefit premiums?

825.211 What special health benefits maintenance rules apply to multi-employer health plans?

825.212 What are the consequences of an employee's failure to make timely health plan premium payments?

825.213 May an employer recover costs it incurred for maintaining ``group health plan' or other non-health benefits coverage during FMLA leave?

Employee’s Reinstatement Rights

825.214 What are an employee's rights on returning to work from FMLA leave?

825.215 What is an equivalent position?

825.216 Are there any limitations on an employer's obligation to reinstate an employee?

Key Employee

825.217 What is a ``key employee'?

825.218 What does ``substantial and grievous economic injury' mean?

825.219 What are the rights of a key employee?

Employer’s Obligation Under FMLA

825.220 How are employees protected who request leave or otherwise assert FMLA rights?

825.228 None.

Employer’s Obligation Under FMLA

825.300 Employer notice requirements.

825.301 Employer Designation of FMLA leave.

825.302 What notice does an employee have to give an employer when the need for FMLA leave is foreseeable?

825.303 What are the requirements for an employee to furnish notice to an employer where the need for FMLA leave is not foreseeable?

825.304 Employee failure to provide notice.

Medical Certification of a Serious Health Condition

825.305 When must an employee provide medical certification to support FMLA leave?

825.306 Content of medical certification for leave taken because of an employee’s own serious health condition or the serious health condition of a family member.

825.307 What may an employer do if it questions the adequacy of a medical certification?

825.308 Recertifications for leave taken because of an employee’s own serious health condition or the serious health condition of a family member.

Fitness for Duty Requirement

825.309 Certification for leave taken because of a qualifying exigency.

825.310 Certification for leave taken to care for a covered servicemember (military caregiver leave).

Medical Certification of a Serious Health Condition

825.311 Intent to return to work.

Denial of FMLA Leave or Reinstatement

825.312 Fitness-for-duty certification.

825.313 Failure to provide certification.

825.314 None

Employee’s Recourse for Violation of FMLA Rights

825.400 Enforcement, general rules.

825.401 Where may an employee file a complaint of FMLA violations with the Federal government?

Penalties for FMLA Violations

825.402 How is an employer notified of a violation of the posting requirement?

825.403 How may an employer appeal the assessment of a penalty for willful violation of the posting requirement?

825.404 What are the consequences of an employer not paying the penalty assessment after a final order is issued?

Required FMLA Recordkeeping

825.500 What records must an employer keep to comply with the FMLA?

Special Rules for Employees of Schools

825.600 To whom do the special rules apply?

825.601 What limitations apply to the taking of intermittent leave or leave on a reduced leave schedule?

825.602 What limitations apply to the taking of leave near the end of an academic term?

825.603 Is all leave taken during ``periods of a particular duration' counted against the FMLA leave entitlement?

825.604 What special rules apply to restoration to ``an equivalent position?'

More Generous Benefits than FMLA

825.700 What if an employer provides more generous benefits than required by FMLA?

State Leave Laws

825.701 Do State laws providing family and medical leave still apply?

FMLA and Anti-Discrimination Laws

825.702 How does FMLA affect Federal and State anti-discrimination laws?

Definitions

825.800 Definitions.