Human Resources
1. Does the law guarantee paid time off?
 No. FMLA leave is generally unpaid leave. However, in certain circumstances the law permits an employee to elect or employer to require the employee to use accrued paid leave such as vacation or sick leave as substitutes for the unpaid leave required by the law, during FMLA leaves.
2. Am I entitled to any paid leave while on FMLA leave?
 The law permits you to substitute accrued paid leave under certain conditions, or your employer may require you to substitute paid leave.
3. Who is considered a "family member" for purposes of taking FMLA leave?
 An employee's spouse, children and parents are immediate family members. Parents "in-laws" are not included in family members.
4. Do the 1,250 hours include paid leave time or other absences from work?
 No. The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave are not included. No carrying over is possible either.
5. Can I take FMLA leave for visits to a therapist, if my doctor prescribes the therapy?
 Yes. FMLA permits you to take leave to receive subsequent treatment by a health care provider. This can include recurring absences for therapy treatment ordered by a doctor.
6. What do I have to do to request FMLA leave from my employer?
 You may be required to provide your employer with 30 days advance notice when the need for leave is "foreseeable." When such an advance notice is not possible or the need for the leave cannot be foreseen, you must give your employer notice as soon as "practicable."
7. Can my employer refuse to grant me FMLA leave?
 If you are "eligible" employee who has met FMLA's notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year) you should not be denied FMLA leave.
8. Who ultimately decide if the leave is FMLA or not?
 In New Hampshire, the employer is responsible for designating if an employee's use of paid leave counts as FMLA leave, based on information from the employee. In no case can use of paid leave be credited as FMLA leave after the leave has ended.
9. Does Worker's compensation leave count against an employee's FMLA leave?
 It can. FMLA and worker's compensation leave can be applied concurrently, provided that the reason for the absence is due to a qualified job-related serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave.
10. What kind of proof is required for my illness or that of an immediate family member?
 You may be required to submit documentation called a "medical certification" from the health care provider who is treating you or your immediate family member. (You can use the form WH-380).
11. Do I have to give my employer my medical records for leave due to a serious health condition?
 No. You do not have to provide medical records. The employer may however request that, for any taken leave due to a serious health condition, you provide a medical certification confirming that a serious health condition exists.
12. Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?
 Yes, probably. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12 months period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12 week FMLA entitlement.
13. Can the employer count time on maternity leave or pregnancy disability leave as FMLA leave?
 Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the 12 weeks of leave so long as the employer properly notifies the employee, in writing, of the designation.
14. Can my employer make inquiries about my leave during my absence?
 Yes, but only to you. Your employer may need to confirm whether the leave needed or being taken qualifies for FMLA purposes. The employer may require periodic reports on your status and intent to return to work after leave. Also if there is a reason to doubt the validity of a medical certification or need for another opinion, you may be required to obtain additional medical certification at the employer's expense.
15. Can my employer require me to return to work before I exhaust my leave?
 Subject to certain limitations, your employer may deny the continuation of FMLA leave due to a serious health condition if you fail to fulfill obligations to provide supporting medical certification as required by the law.
16. Are there any restrictions on how I spend my time while on leave?
 Generally, no, provided the leave is taken for a legitimate family or medical reason and all appropriate notice and certification requirements are met.
17. Will I lose my job if I take FMLA leave?
 Generally, no. It is unlawful for an employer to interfere with or restrain or deny the exercise of any right provided under the law.
18. Are there other circumstances in which my employer can deny me my job after using FMLA leave?
 Employers are not required to reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the period leave was used. Also, under certain circumstances, employers who advise employees that they will require a medical certificate of fitness for duty to return to work may deny reinstatement to an employee who fails to provide such a certificate until it is provided.
19. Can my employer fire me for complaining about a violation of FMLA?
 No, nor can the employer take any other adverse employment action on this basis. It is unlawful for any employer to discharge or otherwise discriminate against an employee for opposing a practice made unlawful under FMLA.
20. What if I believe my employer is violating the law?
 You have the choice of filing, or having another person file on your behalf, a complaint with the Employment Standards Administration, Wage and Hour Division, or you can choose to file a private lawsuit.
21. Will I be allowed to return to my same job after my leave?
 Generally, yes. Ordinarily you will be restored to the same position you held prior to the leave, with the same pay and benefits, if the position remains available. You may be restored to an equivalent position rather than the position you held before taking leave if the previous position is not available. The equivalent position must have equivalent pay, benefits, and terms and conditions of employment as the original job.
22. Does an employer have to pay bonuses to employees who have been on FMLA leave?
 Yes. If an employee was eligible for a bonus before taking the FMLA leave, the employee would be eligible for the bonus upon returning to work. FMLA leave may not be counted against the employee.
On the other hand, FMLA does not require that employees on FMLA leave be allowed to accrue benefits or seniority. The employer is not required to make any special accommodation for this employee because of FMLA. Employer must treat an employee who has used FMLA leave at least as well as other employees on paid and unpaid leave are treated.

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