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HRO Resources Center

Family Medical Leave

Military Family Leave

Employees may qualify for up to 26 weeks of leave per leave year to care for a family member injured during military service. Employees may also qualify for up to 12 weeks of leave related to a "qualifying exigency" relating to a family member in the military e.g. short-notice deployments, military events, and post-deployment activities.

Light Duty

Time spent working "light duty" because of a serious health condition is not to be deducted from FMLA leave.

Waiver of Rights

Employees CAN NOT waive their right to sue for a FMLA violation.

Definition of "serious health condition"

In order to qualify for FMLA, an employee or family member must be incapacitated for more than three consecutive days and make at least two visits to a healthcare provider (or one visit plus continuing treatment). The regulations require the two visits to occur within 30 days of the commencement of the incapacity. To qualify for 'chronic condition' leave, the employee or family member must make at least two doctor visits annually.

Perfect attendance

Absence under FMLA adversely impacts a perfect attendance award.

Notice From Employees

Employees taking leave must follow the Company's usual process for reporting absences, where possible.

Notice To Employees

Employers must inform employees that time off will be counted as FMLA within five days of learning about the qualifying condition. Employers are required to provide a general notice about FMLA eligibility, rights and responsibilities (both on a poster and in the employee handbook).

Medical Certification

Employers may request recertification every 30 days, unless the duration of the condition is listed in the original certification. For conditions that are described as "lifetime" or "unknown" duration, an employer may request recertification every six months.

'Fitness to return to work' certification is permitted and we encourage Employers to ensure that this step is fully utilized.

Eligibility standards

Employees are eligible for leave if they have worked for the Company for at least 12 months. Any service that occurred before a break in service of less than seven years is counted.

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