Links to various sources of information about FMLA. EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT EMPLOYEE ENTITLEMENT An eligible employee may take up to twelve weeks (26 weeks to care for a covered servicemember with a serious ... Certification issued by the employee is required for an employee seeking FMLA leave due to a qualifying exigency. The employer notifies the employee of their eligibility for FMLA, and rights and responsibilities under the Act. .homepage-blocks footer .news-button {display:none} ELIGIBILITY REQUIREMENTS REQUESTING LEAVE .usa-footer .container {max-width:1440px!important;} The employer further provides a form for the employee to have filled out by a third-party professional certifying their requested FMLA leave. Employers covered by the FMLA have specific rights and responsibilities under the law. 1-866-4-US-WAGE Administering FMLA Entitlements. employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. .usa-footer .container {max-width:1440px!important;} The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights. .manual-search-block #edit-actions--2 {order:2;} It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women. The employee's leave under the FMLA is unpaid, but the employee continues to receive health-care benefits as if he or she were still actively employed. Washington, DC 20210 #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} Filing a Private Lawsuit An employee also has the right to file a private lawsuit under the FMLA in any Federal or state court of competent jurisdiction. The Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of unpaid leave each year with no threat of job loss. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} FMLA/SPF Absence is a paid or unpaid absence from work with benefits due to the serious health condition of an employee, the serious health condition of a qualifying family member when the employee is attending to the medical needs of the family member, or for the birth, adoption or foster care placement of a child. .manual-search ul.usa-list li {max-width:100%;} Notice of eligibility. Continue to Complying with Employer Policy or Return to Employee Rights and Responsibilities Menu. The Family and Medical Leave Act (FMLA) is a benefit that allows qualified employees to have up to 12 weeks of leave per fiscal year. [CDATA[/* >