REASONS FOR TAKING LEAVE
Unpaid leave must be granted for any of the following reasons:
1. to care for the employee's child after birth or placement for adoption or foster care;
2. to care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or
3. for a serious health condition that makes the employee unable to perform the employee's job.
 
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.

ADVANCE NOTICE AND MEDICAL CERTIFICATION
The employee may be required to provide advance leave notice and medical certification. Taking leave may be denied if requirements are not met.
1. The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."
2. An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.

JOB BENEFITS AND PROTECTION
1. For the duration of FMLA leave, the employer must maintain the employee's health coverage under any group health plan.
2. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
3. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

UNLAWFUL ACTS BY EMPLOYERS
FMLA makes it unlawful for any employer to:
1. interfere with, restrain, or deny the exercise of any right provided under FMLA.
2. discharge or discriminate against any person for opposing any practice made unlawful by FMLA or involvement in any proceeding  under or relating to FMLA.

ENFORCEMENT
1. The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
2. An eligible employee may bring a civil action against an employer for violations.
- FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

Certification of Health Care Provider
You can have your "serious health condition" classified under FMLA if certain conditions are met. The advantage to you for FMLA classification is that leave taken for a "serious health condition" does not count against you for disciplinary purposes. You should have your health provider complete form WH-380 for a "serious health condition" that involves one of the following: (Submit completed form WH-380 to your immediate supervisor.)

Hospital Care - inpatient care (i.e., an overnight stay)

Absence Plus Treatment - a period of incapacity of more than three consecutive calendar days that also involves treatment of two or more times.

Pregnancy - or for prenatal care

Chronic Conditions Requiring Treatments - requiring periodic treatments or for treatment of episodic events such as asthma, diabetes, epilepsy, etc.

Permanent/Long-term Conditions Requiring Supervision - permanent or ongoing incapacity due to a condition such as Alzheimer's, a severe stroke, or the terminal stages of a disease.

Multiple Treatments (Non-Chronic Conditions) - for multiple treatments such as for cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

(The above is a synopsis of WH-380. The complete form contains complete serious health condition categories.)

(Source: U.S. Department of Labor)

Several types of plans are available, including the Service Benefit Plan (available nationwide), Employee Organization Plans (available through employee organizations such as labor unions), and Comprehensive Medical Plans (group practice plans/HMOs) available regionally. You must consider your individual and family situation in deciding which health plan is best for you and your family.