[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR825.100] [Page 744-746] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents Subpart A_What is the Family and Medical Leave Act, and to Whom Does It Apply? Sec. 825.100 What is the Family and Medical Leave Act? Subpart A_What is the Family and Medical Leave Act, and to Whom Does It Apply? Sec. 825.100 What is the Family and Medical Leave Act? 825.101 What is the purpose 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? 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? 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? 825.112 Under what kinds of circumstances are employers required to grant family or medical leave? 825.113 What do ``spouse,'' ``parent,'' and ``son or daughter'' mean for purposes of an employee qualifying to take FMLA leave? 825.114 What is a ``serious health condition'' entitling the employee to FMLA leave? 825.115 What does it mean that ``the employee is unable to perform the functions of the position of the employee''? 825.116 What does it mean that an employee is ``needed to care for'' a family member? 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? 825.118 What is a ``health care provider''? Subpart B_What Leave Is an Employee Entitled to Take Under the Family and Medical Leave Act? 825.200 How much leave may an employee take? 825.201 If leave is taken for the birth of a child, or for placement of a child for adoption or foster care, when must the leave be concluded? 825.202 How much leave may a husband and wife take if they are employed by the same employer? 825.203 Does FMLA leave have to be taken all at once, or can it be taken in parts? 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 How does one determine the amount of leave used where an employee takes leave intermittently or on a reduced leave schedule? 825.206 May an employer deduct hourly amounts from an employee's salary, when providing unpaid leave under FMLA, without affecting the employee's qualifications for exemption as an executive, administrative, or professional employee, or when utilizing the fluctuating workweek method for payment of overtime compensation, under the Fair Labor Standards Act? 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? 825.209 Is an employee entitled to benefits while using FMLA leave? 825.210 How may employees on FMLA leave pay their share of 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 non-health benefits coverage during FMLA leave? 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? 825.217 What is a ``key employee''? [[Page 745]] 825.218 What does ``substantial and grievous economic injury'' mean? 825.219 What are the rights of a key employee? 825.220 How are employees protected who request leave or otherwise assert FMLA rights? Subpart C_How Do Employees Learn of Their FMLA Rights and Obligations, and What Can an Employer Require of an Employee? 825.300 What posting requirements does the Act place on employers? 825.301 What other notices to employees are required of employers under the FMLA? 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 What recourse do employers have if employees fail to provide the required notice? 825.305 When must an employee provide medical certification to support FMLA leave? 825.306 How much information may be required in medical certifications of a serious health condition? 825.307 What may an employer do if it questions the adequacy of a medical certification? 825.308 Under what circumstances may an employer request subsequent recertifications of medical conditions? 825.309 What notice may an employer require regarding an employee's intent to return to work? 825.310 Under what circumstances may an employer require that an employee submit a medical certification that the employee is able (or unable) to return to work (i.e., a ``fitness-for- duty'' report)? 825.311 What happens if an employee fails to satisfy the medical certification requirements? 825.312 Under what circumstances may a covered employer refuse to provide FMLA leave or reinstatement to eligible employees? Subpart D_What Enforcement Mechanisms Does FMLA Provide? 825.400 What can employees do who believe that their rights under FMLA have been violated? 825.401 Where may an employee file a complaint of FMLA violations with the Federal government? 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? Subpart E_What Records Must be Kept to Comply With the FMLA? 825.500 What Records must an employer keep to comply with the FMLA? Subpart F_What Special Rules Apply to 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?'' Subpart G_How do Other Laws, Employer Practices, and Collective Bargaining Agreements Affect Employee Rights Under FMLA? 825.700 What if an employer provides more generous benefits than required by FMLA? 825.701 Do State laws providing family and medical leave still apply? 825.702 How does FMLA affect Federal and State anti-discrimination laws? Subpart H_Definitions 825.800 Definitions. Appendix A to Part 825--Index Appendix B to Part 825--Certification of Health Care Provider Appendix C to Part 825--Notice to Employees of Rights under FMLA (WH Publication 1420) Appendix D to Part 825--Prototype Notice: Employer Response to Employee Request for Family and Medical Leave (Form WH-381) Appendix E to Part 825--IRS Notice Discussing Relationship Between FMLA and COBRA Authority: 29 U.S.C. 2654; Secretary's Order 1-93 (58 FR 21190). Source: 60 FR 2237, Jan. 6, 1995, unless otherwise noted. [[Page 746]] (a) The Family and Medical Leave Act of 1993 (FMLA or Act) allows ``eligible'' employees of a covered employer to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months because of the birth of a child and to care for the newborn child, because of the placement of a child with the employee for adoption or foster care, because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition, or because the employee's own serious health condition makes the employee unable to perform the functions of his or her job (see Sec. 825.306(b)(4)). In certain cases, this leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule. (b) An employee on FMLA leave is also entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking the leave. If an employee was paying all or part of the premium payments prior to leave, the employee would continue to pay his or her share during the leave period. The employer may recover its share only if the employee does not return to work for a reason other than the serious health condition of the employee or the employee's immediate family member, or another reason beyond the employee's control. (c) An employee generally has a right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave. The taking of FMLA leave cannot result in the loss of any benefit that accrued prior to the start of the leave. (d) The employer has a right to 30 days advance notice from the employee where practicable. In addition, the employer may require an employee to submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee's immediate family member. Failure to comply with these requirements may result in a delay in the start of FMLA leave. Pursuant to a uniformly applied policy, the employer may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee's serious health condition (see Sec. 825.311(c)). The employer may delay restoring the employee to employment without such certificate relating to the health condition which caused the employee's absence. [60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995]