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Questions and Answers
What is the purpose of this order?
What is the purpose of this order?
How many workweeks of leave are eligible employees entitled to take in a 12-month period?
How many workweeks of leave are eligible employees entitled to take in a 12-month period?
What is one of the reasons an employee may take leave under the FMLA?
What is one of the reasons an employee may take leave under the FMLA?
Who will provide employees with necessary information and assistance in receiving the important rights conferred by this federal statute?
Who will provide employees with necessary information and assistance in receiving the important rights conferred by this federal statute?
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What is the time period within which an employee must care for a newborn child or a newly placed child?
What is the time period within which an employee must care for a newborn child or a newly placed child?
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What is the statute under which the ECSO will provide employees with the rights to which they are entitled?
What is the statute under which the ECSO will provide employees with the rights to which they are entitled?
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What is the purpose of the written notification of FMLA rights provided by the ECSO to employees?
What is the purpose of the written notification of FMLA rights provided by the ECSO to employees?
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Who developed the implementing regulations for the FMLA?
Who developed the implementing regulations for the FMLA?
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What is the duration of leave provided for a covered service member with a serious injury or illness?
What is the duration of leave provided for a covered service member with a serious injury or illness?
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Can an employee use accrued leave balances to provide continuity of income when taking FMLA leave?
Can an employee use accrued leave balances to provide continuity of income when taking FMLA leave?
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What is the combined total of FMLA leave for spouses of each other?
What is the combined total of FMLA leave for spouses of each other?
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What happens to an employee who experiences an on-the-job injury and is receiving worker's compensation benefits?
What happens to an employee who experiences an on-the-job injury and is receiving worker's compensation benefits?
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Under what circumstances can an employee take intermittent FMLA leave or FMLA leave on a reduced leave schedule?
Under what circumstances can an employee take intermittent FMLA leave or FMLA leave on a reduced leave schedule?
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What happens if an employee abuses their right to FMLA leave?
What happens if an employee abuses their right to FMLA leave?
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How much advance notice must an employee provide when reasonably anticipating the birth or adoption of a child?
How much advance notice must an employee provide when reasonably anticipating the birth or adoption of a child?
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Can an employee work extra/off duty jobs during FMLA-designated leave?
Can an employee work extra/off duty jobs during FMLA-designated leave?
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Who may require an employee to temporarily transfer to an alternate position with equivalent pay and benefits?
Who may require an employee to temporarily transfer to an alternate position with equivalent pay and benefits?
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What is provided to employees requesting FMLA leave?
What is provided to employees requesting FMLA leave?
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How much advance notice must an employee provide to the ECSO before taking FMLA leave for a planned medical treatment?
How much advance notice must an employee provide to the ECSO before taking FMLA leave for a planned medical treatment?
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What happens if an employee fails to make proper notification and certifications for FMLA leave?
What happens if an employee fails to make proper notification and certifications for FMLA leave?
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How often must an employee provide medical recertification while on FMLA leave of an indefinite duration?
How often must an employee provide medical recertification while on FMLA leave of an indefinite duration?
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Who is responsible for the cost of recertification while on FMLA leave?
Who is responsible for the cost of recertification while on FMLA leave?
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What happens to an employee's insurance benefits when they exhaust all paid leave pursuant to FMLA rights?
What happens to an employee's insurance benefits when they exhaust all paid leave pursuant to FMLA rights?
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Why is a Fitness for Duty (FFD) certification required when an employee returns from FMLA leave?
Why is a Fitness for Duty (FFD) certification required when an employee returns from FMLA leave?
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What happens if an employee fails to provide an FFD certification after exhausting FMLA leave?
What happens if an employee fails to provide an FFD certification after exhausting FMLA leave?
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When can a Fitness for Duty certification be required for an employee returning from intermittent FMLA leave?
When can a Fitness for Duty certification be required for an employee returning from intermittent FMLA leave?
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What happens to an employee's position when they return from FMLA leave?
What happens to an employee's position when they return from FMLA leave?
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What is the purpose of the standard form provided by Human Resources for FFD certifications?
What is the purpose of the standard form provided by Human Resources for FFD certifications?
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When must an employee provide 30 days' prior notice for taking leave?
When must an employee provide 30 days' prior notice for taking leave?
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Which of the following is NOT a qualifying reason for taking military exigency leave?
Which of the following is NOT a qualifying reason for taking military exigency leave?
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What should an employee do if they are physically unable to return to work at the end of their approved FMLA leave?
What should an employee do if they are physically unable to return to work at the end of their approved FMLA leave?
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Who is entitled to take up to 12 workweeks of unpaid leave in a 12-month period to deal with a qualifying exigency?
Who is entitled to take up to 12 workweeks of unpaid leave in a 12-month period to deal with a qualifying exigency?
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What is a supervisor's responsibility when an employee requests FMLA leave?
What is a supervisor's responsibility when an employee requests FMLA leave?
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What type of leave allows an employee to take time off for rest and recuperation?
What type of leave allows an employee to take time off for rest and recuperation?
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What is the time frame for healthcare providers to provide certification or recertification?
What is the time frame for healthcare providers to provide certification or recertification?
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What is the purpose of Military Exigency Leave?
What is the purpose of Military Exigency Leave?
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What is required of employees before they can return to work after taking FMLA leave?
What is required of employees before they can return to work after taking FMLA leave?
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How many workweeks of Military Caregiver Leave can a family member take in a single 12-month period?
How many workweeks of Military Caregiver Leave can a family member take in a single 12-month period?
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Which of the following is a qualifying reason for taking Military Exigency Leave?
Which of the following is a qualifying reason for taking Military Exigency Leave?
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Who is considered a 'next of kin' for the purpose of Military Caregiver Leave?
Who is considered a 'next of kin' for the purpose of Military Caregiver Leave?
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What is the combined total of workweeks of leave for any FMLA-qualifying reasons during a single 12-month period?
What is the combined total of workweeks of leave for any FMLA-qualifying reasons during a single 12-month period?
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How many workweeks of FMLA leave can an employee use for an FMLA-qualifying reason other than military caregiver leave?
How many workweeks of FMLA leave can an employee use for an FMLA-qualifying reason other than military caregiver leave?
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What happens if an employee fails to provide certification or recertification in a timely manner?
What happens if an employee fails to provide certification or recertification in a timely manner?
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Who can designate the next of kin for the purpose of Military Caregiver Leave?
Who can designate the next of kin for the purpose of Military Caregiver Leave?
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Study Notes
Family and Medical Leave Act (FMLA)
- The Escambia County Sheriff's Office (ECSO) will provide employees with the rights entitled to them under the Family and Medical Leave Act of 1993.
- Eligible employees are entitled to take up to 12 workweeks of paid or unpaid leave in a 12-month period for:
- The birth of a child and to care for the newborn child within one year of birth
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement
- To care for the employee's spouse, child, or parent who has a serious health condition
- A serious health condition that makes the employee unable to perform the essential functions of their job
- Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty"
- Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave)
General Guidelines
- Although the FMLA does not mandate whether leave is paid or unpaid, the ECSO will allow employees to use any of their accrued leave balances to provide continuity of income when taking FMLA leave.
- Employees who are spouses of each other are limited to a combined total of 12 weeks' FMLA leave to care for the birth, adoption, or placement in the home of a foster child where no serious health condition is involved.
- An employee who experiences an on-the-job injury and is receiving worker's compensation benefits will concurrently be placed on FMLA leave if qualified.
Employee Responsibilities
- An employee who needs FMLA leave must notify his or her supervisor and Human Resources as soon as it is practical and as specified by the FMLA.
- Whenever an employee reasonably anticipates the birth of his or her child or the adoption or placement into foster care of a child in the employee's home, the employee is required to provide the ECSO with a minimum of 30 days advance notice before the date of leave is to begin.
- Failure to make proper notification and certifications can result in the loss of FMLA protection for the absences.
Certification
- Under the FMLA, the employer has the right to require certification by a health care provider regarding the health condition claimed by the employee to necessitate the taking of FMLA leave.
- The ECSO will require all employees who are taking FMLA leave to provide certification and recertification from medical providers on a reasonable basis depending upon the specific conditions for which the employee is taking leave.
Military Caregiver Leave
- Family members of covered service members may take up to 26 workweeks of leave in a single 12-month period to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty.
- To be eligible for Military Caregiver Leave, the member must be the spouse, son, daughter, parent, or next of kin of the covered service member.
- Leave may be taken intermittently or on a reduced leave schedule when medically necessary.
Military Exigency Leave
- Eligible employees with a covered military member serving in the Armed Forces (including the National Guard or Reserves) may use FMLA for a qualifying exigency while the military member is on covered active duty, call to covered active duty status, or has been notified of an impending call or order to covered active duty.
- Eligible employee whose spouse, child, or parent is on active duty is entitled to up to 12 workweeks of unpaid leave in a 12-month period to deal with the exigency.
- Employee need only provide such notice as is practicable for exigency leave.
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Description
Learn about the Family and Medical Leave Act (FMLA) of 1993, which provides eligible employees with up to 12 workweeks of paid or unpaid leave in a 12-month period for family and medical reasons.
