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this comes under the family and Medical leave Act(FMLA).
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:
1)- 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 or daughter, or parent, who has a serious health condition; or
2)- For a serious health condition that makes the employee unable to perform the
employee’s job.
Military family leave Entitlements.
Eligible employees with a spouse, son, daughter, or parent on active duty or call
to active duty status in the National Guard or Reserves in support of a contingency
operation may use their 12-week leave entitlement to address certain qualifying
exigencies. Qualifying exigencies may include attending certain military events,
arranging for alternative childcare, addressing certain
financial and legal arrangements, 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 servicemember during a single
12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically
unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or isor is in outpatient status; or is on the temporary disability retired list.
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.
Elegibility requirements.
Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.
Defination 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 meet 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.
Subsitution of Paid leaves for unpaid Leaves.
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.