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PDF Editor FAQ

Can I use my FMLA sick leave to avoid being exposed to the corona virus at work?

FMLA leave is for qualified employees under for the following purposes -For the birth and care of the newborn child of an employee;For placement with the employee of a child for adoption or foster care;To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; orTo take medical leave when the employee is unable to work because of a serious health condition.Taking FMLA leave requires documentation, like form WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition.FMLA is intended to allow you time to care for yourself or a family member when they ARE seriously ill, not to prevent illness.

Do I qualify for FMLA leave?

Do I Qualify For FMLA Leave? Family Medical Leave AttorneysCertain employees are eligible to take leave from work for up to 12 weeks under the Family and Medical Leave Act, or FMLA. The leave must be because of family or medical emergencies that fit specified reasons under the law. Not all reasons will qualify for protection under the FMLA, and only eligible employees who work for employers that are covered by the act may take the leave. The types of situations that trigger protection under the FMLA include the following:Arrival of new children through birth, foster care or adoptionA family member needing care for his or her serious health conditionThe employee suffering a serious health condition that interferes with his or her ability to perform his or her job functionsSerious health conditions under the law mean illnesses, impairments, injuries, mental conditions and physical conditions that require inpatient care or ongoing treatment from a health care provider. Employees may only take leave to care for family members who are their spouses, children or parents. Since the reasons for taking leave might vary, it is important for you to understand whether your situation qualifies as an allowable type under the FMLA. The employment law attorneys at Swartz Swidler might be able to provide you with guidance about whether your circumstances might qualify for FMLA leave.Leave after having a new babyWhen a mother has a new child, she may take FMLA leave in order to provide prenatal and continuing care after the child’s birth. Fathers are also allowed to take FMLA leave to provide care for their newborn children or to care for their incapacitated spouses.When parents take leave, the leave does not have to run simultaneously. If an employer approves it, the parents may also choose to spread their 12 weeks of leave over the course of a year. They might choose to take a few weeks off at a time or to reduce their working hours during a week. If both parents are employed by the same employer, only one of them may be allowed to take childbirth or pregnancy leave.Do I qualify for FMLA Pregnancy leave?Some pregnancies are difficult, and they might qualify for FMLA leave as serious health conditions. If an employee is placed on bed rest by her physician during pregnancy, it may qualify as protected leave under the FMLA. The employer might require that the employee verifies the complication by getting a certification from her doctor.Leave for foster care or adoptionThe FMLA allows employees who have children placed in their homes through foster care or adoption to take up to 12 weeks of leave off from work for up to a year after the child’s placement. Taking a leave for adoption may also happen before the placement happens in situations in which the employee’s absence is required. This might include to attend required counseling sessions, to attend court or to travel to other countries in order to complete the adoption process.Taking leave to care for family members who have serious health conditionsEmployees who need to take leave from work in order to care for family members who are suffering from serious health conditions are protected by the FMLA. The allowed family members include spouses, children or parents. The conditions must also qualify and may not include ordinary conditions such as the flu, colds, headaches or upset stomachs. In some cases, a common illness may qualify if a doctor deems it to be serious.Taking a leave for your own health condition: Do I qualify for FMLA leave?Commonly, employees take FMLA leave for their own serious health conditions. People who are not able to perform their job duties because of a chronic health condition or a serious illness may request FMLA leave so that they can receive treatment or ongoing care from their doctors.In order to qualify, the FMLA requires that people must have a period of incapacity that lasts for more than three consecutive days. An employee whose condition requires him or her to see a doctor two or more times must have their second visit happen within 30 days of the first date that they were incapacitated.FMLA regulations also require that treatment of chronic health conditions must happen at least twice per year. Employees may be required to obtain medical certification of his or her condition.Military family leaveEmployees are allowed to take FMLA leave in order to care fro a family member who suffered an injury while on active military duty. Employees are also allowed to request leave in order to handle certain exigencies that arise out of a family member’s deployment.

Are US Federal employees able to submit FMLA paperwork filled out by a LPC (licensed professional counselor)?

Are you asking if FMLA applies to federal employees, if mental health issues qualify for FMLA or if forms from a counselor apply for FMLA? It is unclear what you want to know. So, sorry if this is long and contains too much info /irrelevant info. It isn’t obvious what you want to know.Under the Family and Medical Leave Act of 1993 (FMLA), most Federal employees are entitled to a total of up to 12 workweeks of unpaid leave during any 12-month period for the following purposes:The birth of a son or daughter of the employee and the care of such son or daughter;the placement of a son or daughter with the employee for adoption or foster care;The care of spouse, son, daughter, or parent of the employee who has a serious health condition; ora serious health condition of the employee that makes the employee unable to perform the essential functions of his or her positions.any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.Under certain conditions, an employee may use the 12 weeks of FMLA leave intermittently. An employee may elect to substitute annual leave and/or sick leave, consistent with current laws and OPM's regulations for using annual and sick leave, for any unpaid leave under the FMLA. (The amount of sick leave that may be used to care for a family member is limited). FMLA leave is in addition to other paid time off available to an employee.Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.The FMLA only applies to employers that meet certain criteria. A covered employer is a:Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; orPublic or private elementary or secondary school, regardless of the number of employees it employs.Employees must comply with their employer’s usual and customary requirements for requesting leave and provide enough information for their employer to reasonably determine whether the FMLA may apply to the leave request. Employees generally must request leave 30 days in advance when the need for leave is foreseeable. When the need for leave is foreseeable less than 30 days in advance or is unforeseeable, employees must provide notice as soon as possible and practicable under the circumstances.The employer may require the employee to submit a certification from a health care provider to support the employee’s need for FMLA leave to care for a covered family member with a serious health condition or for the employee’s own serious health condition.FMLA defines “health care provider” as:A doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; orAny other person determined by the Secretary to be capable of providing health care services.Others “capable of providing health care services” include only:Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the State and performing within the scope of their practice as defined under State law;Nurse practitioners, nurse midwives, clinical social workers and physician assistants who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law;Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. Where an employee or family member is receiving treatment from a Christian Science practitioner, an employee may not object to any requirement from an employer that the employee or family member submit to examination (though not treatment) to obtain a second or third certification from a health care provider other than a Christian Science practitioner except as otherwise provided under applicable State or local law or collective bargaining agreement.Any health care provider from whom an employer or the employer’s group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; andhealth care provider listed above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law.The phrase “authorized to practice in the State” as used in this section means that the provider must be authorized to diagnose and treat physical or mental health conditions.Section 101(11) of FMLA defines serious health condition as "an illness, injury, impairment, or physical or mental condition that involves:inpatient care in a hospital, hospice, or residential medical care facility; orcontinuing treatment by a health care provider.”So, depending on what you intended to ask, you can see FMLA applies to federal employees and mental health conditions, however a licensed professional counselor is only an acceptable health care provider if your employer’s group health insurance accepts them for pre-certification of benefits.Keep in mind, the law lays out the MINIMUM requirements. State laws or employer policies can offer more protections (for example, accept a broader definition of health care provider), but not less. So, ultimately, you need to talk to your employer for more info on what they will or will not accept.FYI, all of this info came off of the Dept of Labor website and OPM dot gov. It is all easily accessible to anyone if you Google it.

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