Basic Leave Entitlement

Requires covered employers to provide up to 12 weeks of unpaid,

job-protected leave to eligible employees for the following reasons:

• forincapacityduetopregnancy,prenatalmedicalcare,or

child birth;

• tocarefortheemployee’schildafterbirth,orplacement

for adoption or foster care;

• tocarefortheemployee’simmediatefamilymember;or

• foraserioushealthconditionthatmakestheemployee

cies.Qualifyingexigenciesmayincludeattendingcertainmilitary

events, arranging for alternative childcare, addressing certain finan-

cial and legal arrangements, attending certain counseling sessions,

andattendingpost-deploymentreintegrationbriefings.

The FMLA also includes a special leave entitlement that permits

eligible employees to take up to 26 weeks of leave to care for a covered

servicememberduringasingle12-monthperiod.Acoveredservice

member is a:

(1) current member of the Armed Forces, including a member of the

National Guard or Reserves, who is undergoing medical treat-

ered veteran who is undergoing medical treatment, recuperation,

ortherapyforaseriousinjuryorillness.

The FMLA definitions of “serious injury or illness” for current

service members and veterans are distinct from the FMLA definition

of“serioushealthcondition.”

Benets and Protections

DuringFML,theemployermustmaintaintheemployee’shealth

coverage under any “group health plan” on the same terms as if the

employeehadcontinuedtowork.UponreturnfromFML,most

employees must be restored to their original or equivalent positions

months, and if at least 50 employees are employed by the employer

within75miles.

Denition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physi-

cal or mental condition that involves either an overnight stay in a

medical care facility, or continuing treatment by a health care provid-

er for a condition that either prevents the employee from performing

thefunctionsoftheemployee’sjob,orpreventsthequalifiedfamily

memberfromparticipatinginschoolorotherdailyactivities.

Subject to certain conditions, the continuing treatment require-

Use of Leave

Anemployeedoesnotneedtousethisleaveentitlementinoneblock.

Leave can be taken intermittently or on a reduced leave schedule

whenmedicallynecessary.Employeesmustmakereasonableefforts

to schedule leave for planned medical treatment so as not to unduly

disrupttheemployer’soperations.Leaveduetoqualifyingexigencies

alsomaybetakenonanintermittentbasis.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require use of accrued paid

leavewhiletakingFML.TousepaidleaveforFML,employeesmust

complywiththeemployer’snormalpaidleavepolicies.

Employee Responsibilities

Employees must provide a 30-day advance notice of the need to take

FMLwhentheneedisforeseeable.Whena30-daynoticeisnotpos-

sible, the employee must provide notice as soon as practicable and

generallymustcomplywithanemployer’snormalcall-inprocedures.

Employees must provide sufficient information for the employer

ees also must inform the employer if the requested leave is for a rea-

sonforwhichFMLwaspreviouslytakenorcertified.Employeesalso

may be required to provide a certification and periodic recertification

supportingtheneedforleave.

Employer Responsibilities

Covered employers must inform employees requesting leave whether

theyareeligibleundertheFMLA.Iftheyare,thenoticemustspecify

anyadditionalinformationrequiredaswellastheemployees’rights

andresponsibilities.Iftheyarenoteligible,theemployermustpro-

videareasonfortheineligibility.

• interferewith,restrain,ordenytheexerciseofanyright

provided under the FMLA;

• dischargeordiscriminateagainstanypersonforopposing

any practice made unlawful by the FMLA or for involvement

inanyproceedingunderorrelatingtotheFMLA.

Enforcement

An employee may file a complaint with the Office of Human

Resources—Employee and Labor Relations (614) 292-2800 or the

U.S.DepartmentofLaborormaybringaprivatelawsuitagainst

anemployer.

Customer Service Center at 1590 N. High St., Suite 300, service@

hr.osu.edu, (614) 292-1050, or 1-800-678-6010.

The Ohio State University Ofce of Human Resources

Employee Rights and Responsibilities Under the Family and Medical Leave Act UMC13070 Revised 03/08/13