Family Medical Leave Act
Consult the Family and Medical Leave policy on the Syracuse University Policies web site, which reflects an employee's rights under the Federal Family and Medical Leave Act (FMLA) of 1993. Please note the following provision, from WH Publication 1420, dated jun 1993, of the U.S. Department of Labor Employment Standards Administration, Wage and Hour Division, Washington, D.C. 20210.
Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.
- An employee ordinarily must provide 30 days advance notice when leave is "forseeable".
- Medical certification may be required to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.
- If leave is for the employee's own medical disability, refer to the appropriate disability information. If leave is for the care of a family member, you must complete a Certification of Health Care Provider form.
- For duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan".
- Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
- The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.
FMLA makes it unlawful for an employer to:
- interfere with, restrain, or deny the exercise of any right provided under FMLA.
- discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or related to FMLA.
- The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
- An eligible employee may bring a civil action against an employer for violations.
- FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which providers greater family or medical leave rights.
- Certification of Health Care Provider for Employee's Serious Health Condition
- Certification of Health Care Provider for Family Member's Serious Health Condition
- Certification of Qualifying Exigency For Military Family Leave
- Certification for Serious Injury or Illness of Covered Servicemember - for Military Family Leave
- Disability, Salary continuation, and Maternity Leave
- Employee Rights and Responsibilities Under the Family and Medical Leave Act
- FMLA Fact Sheet