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Frequently Asked Questions

What is the process for applying for FMLA and what documentation is required?

The process of applying for the Family and Medical Leave Act (FMLA) involves several steps. Firstly, the employee must meet specific eligibility criteria. This includes having worked for at least one full year and clocking in 1,250 or more hours within that year. Additionally, the employee must live within a 75-mile radius of their place of employment. Once these criteria are met, the employee can apply for FMLA if they or a family member (spouse, child, or parent) are suffering from a serious health condition, or if they are caring for a new child in the home (through birth, adoption, or foster care). The FMLA also covers specific activities such as setting up child care, getting counseling, serving military duty, or spending time with a loved one who is going to be deployed. In terms of documentation, employers are allowed to request a medical certification from the health care provider to verify the authenticity of the health condition. The Department of Labor encourages employers to obtain this certificate within the first fifteen days of an employee asking for FMLA. If the employer requests this information, the certificate must be provided within 15 days.
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