FMLA regulations or The Family and Medical Leave Act is requiring covered employers to give a non-compensated leave of absence to their employees for reasons such as an illness; delivering a child; or caring for members of the family.
The FMLA is applicable to employers who have more than 50 existing employees; they are required to grant a qualified employee up to a maximum of 12 weeks of uncompensated leave. Here are the more specific legal reasons that an eligible employee can present:
• For assignment with an employee of a child for foster care or adoption • A serious health condition which warrants for a continuous treatment by a health care professional • Incapacity and treatment of more than 3 calendar days; incapacity could also encompass prenatal care or pregnancy • Two times or more treatments within the month (specifically 30 days) of incapacity • Requirement to be cared for by a health care professional on at least a single occasion which resulted into a continuous treatment • A health condition beyond the employee’s control such as contracting an illness whether it’s short-term or long-term • Having a chronic illness which warrants for periodic visits by a health care provider for at least twice annually • Episodic incapacity reasons such as diabetes, asthma or epilepsy • Conditions which may require multiple treatments which is already inclusive of the recovery period • Restorative surgery for injuries or accidents • Undergoing treatments for cancer such as chemotherapy or radiation or the performance of dialysis • The FMLA regulations also cover conditions such as recurring illnesses or even morning sickness • Inpatient care or the requirement of a health care professional to admit the employee to the hospital for immediate care.
If the listed illnesses or conditions require FMLA regulations to be applied, then these conditions, on the other hand, are not covered since they are not classified as serious conditions:
• Common cold • Influenza • Headaches (other than migraine) • Ear aches • Minor ulcers • Upset stomach (which can include loose bowel movement) • Routine dental problem • Orthodontia concerns • Periodontal diseases
The FMLA regulations are there to protect both the employer and employee. Since it is recognized that even machines need to rest or have to undergo repairs at times, then so it is with employees-they can file for a leave of absence for as long as their conditions require it.