To which of the following situations does the family and medical leave act not apply?

The Family and Medical Leave Act (FMLA) is a federal law which helps employees balance their work responsibilities with their family and medical needs.  The Act sets national standards for employers when providing leave for such purposes. The Act requires that eligible employees be allowed to take job-protected unpaid leave, or substitute appropriate paid leave if the employee has earned it, for up to a total of 12 work weeks during a 12-month period for a family or personal serious health condition which qualifies under FMLA, or a combined total of 26 weeks during a single 12-month period if a service member family leave is taken. WSU is a covered employer under the Act. 

It was intended that the Act accomplish these purposes in a manner that accommodates the legitimate interests of employers.

WSU’s FMLA leave policy is set forth in Section 3.4.5. of the APPM. It does not alter, amend or diminish any leave provisions that may be provided by any Collective Bargaining Agreement (CBA) entered into by WSU.  WSU will provide leave under and according to whichever statutory provision or CBA provides the greater rights to its employees.

Employees are entitled to FMLA leave under the following situations:

1. For the birth and care of a newborn child of the employee, anytime within the first 12 months of the birth of the child.
2. For the placement of a child for adoption or foster care with the employee, anytime within the first 12 months of the placement of the child.
3. To care for an employee’s spouse/eligible partner, son, daughter, or parent with a serious health condition.
4. Because of a serious health condition that makes the employee unable to perform the essential functions of his/her job.
5. Because of a qualifying exigency relating to a family member’s active military duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.
6. For military caregiver leave related to care of a spouse, son, daughter, parent, or next of kin of a current covered service member who has, or is recuperating from, a serious illness or injury incurred in military service that renders the service member medically unfit to perform the duties of his or her office, grade, rank or rating. 

FMLASource, a third party administrator (TPA) administers WSU's FMLA policy in accordance with the provisions of the APPM and the applicable provisions of any CBA in effect with WSU.  In all instances relating to administering this policy, the TPA acts as the designated representative of WSU. 

Full details of FMLA, relevant definitions, and the Department of Labor (DOL) regulations can be found at the TPA’s website, www.fmlasource.com, or at http://www.hr.wayne.edu/esc.

Any employee needing to take a FMLA Leave of Absence should contact the Department of Human Resources, Employment Service Center, at 577-2010.

You are not required to take all of your FMLA leave at one time and can instead take intermittent leave if you need to do so. This type of leave may be taken to attend ongoing medical appointments that you need or that your immediate family needs. If your employer asks you to provide it with proof of your condition, you will need to provide a medical certification of your condition. However, you will not have to give your medical records to your employer.

Can your employer require you to end your FMLA leave early?

Your employer may be able to end your FMLA leave early if you do not provide a requested medical certification. If you have provided the certification, your employer cannot request you to come back to work early.

Limits on what you can do when you are on FMLA leave

Your employer is not allowed to restrict what you do during your leave unless the original reason that you needed the leave no longer exists. When you no longer need the leave, you will need to return to work.

Denials of leave

If you comply with the notice and certification requirements of the FMLA, are otherwise eligible and haven’t exhausted your leave for the year, you should be able to take leave to care for your own medical condition or that of another. Covered employers are not supposed to deny leave requests if you meet the criteria.

Can you lose your job if you take FMLA leave?

Employers are not allowed to use FMLA leave as a negative factor when they make employment decisions. They are able to deny reinstatement to you if you are considered to be a key employee, however. Employers are also not able to retaliate against you for complaining about an FMLA violation.

What to do if your employer has violated your FMLA rights

If you work for a covered employer and are eligible for FMLA leave, you should be granted leave to care for your own medical condition or the serious health condition of an immediate family member. If your employer has violated your rights to leave under the FMLA, contact the employment lawyers at Swartz Swidler to get help.

Which of the following are steps in the process of ethical decision making?

Which of the following types of choices are made based on moral principles and values responses?

Which of the following defines workplace politics?

Which of the following defines business ethics?