Class 15 Legal Environment of Work: Family and Medical Leave Act (FMLA)

Vocabulary practice flashcards covering employee and employer rights, eligibility requirements, qualifying events, military family leave, and case law standards under the Family and Medical Leave Act (FMLA).

Family and Medical Leave Act (FMLA)

A federal law providing eligible employees with up to $12$ weeks ($480$ hours for a $40$-hour workweek) of unpaid, job-protected leave in a leave year for specified family and medical reasons.

Covered Employer (FMLA)

Private employers with $50$ or more employees within a $75$-mile radius, as well as all public agencies and schools regardless of employer size.

Eligible Employee (FMLA)

An employee who has completed at least $12$ months of employment with a covered employer and worked a minimum of $1,250$ hours during the preceding $12$ months.

Serious Health Condition (Employee)

An illness, injury, impairment, or physical or mental condition that renders the employee unable to perform the functions and duties of their job.

Serious Health Condition (Family Member)

A condition affecting an employee's child or parent that renders them unable to engage in normal activities and requires care from the employee, regardless of whether others are available to provide care.

Incapacity and Continuing Treatment Standard

A period of incapacity of more than $3$ full calendar days involving either two medical treatments within $7$ days, or one treatment accompanied by a regimen of continued supervision.

Treatment Time

Absences covered under the FMLA for receiving medical care or therapy, which qualify for protection even if the person is not incapacitated at the exact time of treatment, provided it is necessary to prevent incapacitation.

Qualifying Exigency Leave

Up to $12$ weeks ($480$ hours) of leave under the National Defense Authorization Act granted to an employee due to a family member being called to active military duty.

Military Caregiver Leave

Leave providing up to $26$ weeks ($1,040$ hours) in a single $12$-month period to care for a family service member injured or ill within $5$ years of active duty, inclusive of any other FMLA leave taken in that period.

Medical Certification Rule

An employer's right to demand documentation from a health care provider to approve leave, restricted to requesting only information directly related to the condition for which leave is sought to safeguard privacy.

Intermittent Leave

FMLA leave taken in separate, non-continuous blocks of time (e.g., $4$ hours for a doctor appointment) for a single illness or injury, rather than in one continuous block.

Reduced Schedule

A leave schedule that reduces the employee's usual daily or weekly work hours (fewer than $8$ hours a day or $40$ hours a week) due to a medical need.

Right to Reinstatement

An employee's statutory right following FMLA leave to return to the same position or an equivalent position with virtually identical pay, benefits, and working conditions.

Key Employee (FMLA Exemption)

A salaried, FMLA-eligible worker who is among the highest-paid $10\%$ of employees within $75$ miles, who may be denied reinstatement if restoration causes substantial and grievous economic injury to operations.

FMLA Pay and Bonus Entitlements

Employees on FMLA leave are generally entitled to across-the-board pay raises given during leave, but employers are not required to award goal- or attendance-based bonuses unless granted to employees on other non-FMLA leaves.

Honest Belief Rule

A legal defense permitting an employer to discharge an employee on FMLA leave if the employer held an honest, good-faith belief at the time of dismissal that the employee was abusing or dishonestly using leave.

FMLA Discrimination and Retaliation Prohibition

The legal ban against subjecting an employee to adverse employment actions, negative performance evaluations, or termination because the employee requested or used FMLA leave.