This is an extract of our Employee Leave document, which we sell as part of our Employment Law Outlines collection written by the top tier of Harvard Law School students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Employment Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Employee Leave Introductory Material, The Right to Leave Time
? The FMLA requires employers with 50 or more employees to grant up to 12 weeks of unpaid leave each year to "covered employees" who have "serious health conditions," who need to care for a newly born or adopted child, or who need to care for a spouse, child, or parent with a "serious health condition." o A "serious health condition" is "an illness, injury, impairment, or physical or mental condition" that involves "inpatient care" or "continuing treatment by a health care provider"
? An employer may require that an employee's request be supported by a certification from the employee's health provider. The employer may request that such certification contain "appropriate medical facts."
? Any "period of incapacity" due to pregnancy is, per regulation, a "serious health condition;" a "period of incapacity" involves "inability to work ... or perform other regular daily activities" due to the condition, treatment, or recovery. o A "covered employee" is one who has been employed by the employer for at least a year and has worked at least 1,250 hours during the year in question. o An employee seeking leave can take such leave either intermittently or on a reduced schedule if medically necessary o An employee returning from FMLA leave must be restored to her former job or another position with equivalent pay, benefits, and conditions of employment
? An employee is not entitled to pay, unless the employee has accrued medical or vacation leave
? The ADA provides that an individual has a right to leave time is such leave is a reasonable accommodation for her disability.
? The Pregnancy Discrimination Act requires an employer to provide pregnancy leave if it provides leave for other types of temporary disabilities.
? The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires an employer to provide leave if an employee reports for military duty. Whitaker: An employee can prevail on an FMLA claim by showing that (1) she had a serious health condition; (2) it prevented her from performing her job duties; and (3) she gave the employer reasonable notice of her need to take leave and the reasons for doing so.
? Pregnancy per se is not a "serious health condition"
? To establish "incapacity," an employee must show that she is unable to work for three consecutive calendar days, and must demonstrate that she sought treatment two or more times, or once resulting in a regimen of treatment. o These demonstrations are not required in the case of pregnancy
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