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Fmla guidelines for employers Form: What You Should Know
Healthcare for Employees Health care providers may be required to provide notice to the employee or to their employer if they know or should know that an employee has a serious medical condition such that their performance or work activities could be affected. An employee generally is considered suspect of a serious medical condition if they are having difficulty performing their work because of a health condition or if the condition can be expected to cause or contribute to an increased risk of harm to the employee or others. To request medical leave, a qualified health care professional or provider must notify the employee in writing prior to requesting medical leave. The notice requirement generally will be effective the later the notice is issued. A qualified health care professional or provider and the employee may agree to extend the period before the notice is given. The employee may be entitled to a minimum of 3 workweeks of unpaid leave. Covered Employers A covered employer is an employer, partnership or association acting through an agent, officer, director or employee or a joint ownership entity. Employment with a covered employer is presumed for purposes of the FMLA. A covered employer may be the same and subject to the same rules as any other employer, or it may be different and subject to a different set of laws. For more information, contact the Wage and Hour Division's regional FMLA office. The FMLA covers all non-exempt salaried employees in the United States, including those who do not act as exempt employees within the meaning of the Family and Medical Leave Act of 1993. To see details about the FMLA, including: You can learn more about the FMLA at the Department of Labor (DOL) website. Employee Legal Rights to Leave The FMLA gives you all the rights and protections that employers have on a daily basis. You are protected from retaliation for the FMLA and are generally entitled to your job without interruption. You also may be able to: • restrain or dismiss those who cause a disruption or interference with your working conditions • prohibit work on your premises when an employee is experiencing an FMLA-protected physical or mental condition • take time off on a medical emergency or leave that a worker is entitled to under the FLEA • use sick time during an FMLA leave • work under accommodation.
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