Family Medical Leave Act

questions & answers

Question: I am taking FMLA leave to have a baby in March. My HR dept is telling me that they will pro rate the rest of my pay until my contract year is up (I am a teacher). Your website says that once I return from FMLA, I receive the same salary. I cannot find that information on the US Dept of Wages and Labor website - please advise. Thank you.

Answer: According to the U.S. Dept. of Labor : The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
Twelve workweeks of leave in a 12-month period for:
the birth of a child and to care for the newborn child within one year of birth;
the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
to care for the employee’s spouse, child, or parent who has a serious health condition;
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
 any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;”

When you return from a FMLA leave, you have the following rights:
•The same job, or an equivalent job, with the same pay, benefits, duties, hours, and location;
•If other workers in the same position as you received a raise or other increase in benefits while you were in leave, then you must receive it as well.
•Your employer must keep your health benefits for you as if you were still at work. This means that if the employer paid your health insurance premiums while you were working, then they would have to pay for your benefits while you were on FMLA leave.
•If your position was eliminated while you were on leave, then your employer does not have to give your job back. However, it is the employer's responsibility to prove that the lay off was not related to your FMLA leave.


Comments:

QUESTIONS

  • I am taking FMLA leave to have a baby in March. My HR dept is telling me that they will pro rate the rest of my pay until my contract year is up (I am a teacher). Your website says that once I return from FMLA, I receive the same salary. I cannot find that information on the US Dept of Wages and Labor website - please advise. Thank you.

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