title ii of the family and medical leave act

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(6) HEALTH CARE PROVIDER.--The term "health care provider" means--, (A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or. (B) COPY.--The employee shall provide, in a timely manner, a copy of such certification to the employer. (ii) for at least 1,250 hours of service with such employer during the previous 12-month period. 2000d et seq. (1) COVERAGE.--Except as provided in paragraph (2), during any period that an eligible employee takes leave under section 102, the employer shall maintain coverage under any "group health plan" (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986) for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. OPM's final regulations were published in the Federal Register on December 5, 1996, and were effective on January 6, 1997. (3) SUMS RECOVERED.--Any sums recovered by the Secretary pursuant to paragraph (2) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. 206 and 207). (II) for an employee described in clause (i) who is on reserve status, the number of hours for which an employer has agreed to pay such employee on reserve status for any given month, as established in the applicable collective bargaining agreement or, if none exists, in the employer’s policies. h�bbd```b``�����d�dq���E4A$�>X\L����$X�D0{����A�K@�1a-�=s�]( (5) CONSTRUCTION.--Nothing in this subsection shall be construed to prohibit an employer from requiring an employee on leave under section 102 to report periodically to the employer on the status and intention of the employee to return to work. (1) EXERCISE OF RIGHTS.--It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this title. (2) APPLICATION.--The elections described in subparagraphs (A) and (B) of paragraph (1) shall apply only with respect to an eligible employee who complies with section 102(e)(2). The original text of the Family and Medical Leave Act of 1993 is set in the Verdana typeface. h�b```�o�ܙB ��ea��pph`��qࠁ�Bi�}�U��[3'@ԹX��?��Q�]�廮FI�gZ�|��ͱ{�$��R8q�N�������������Q��a@>X���� f`yzL30��EB��081�����`��\�x��C��u����}�f�Y$,x�d�W@�� ���3��TҌ@��,��;pK2���D��r�*� j �nF� (1) IN GENERAL.--In any case in which the second opinion described in subsection (c) differs from the opinion in the original certification provided under subsection (a), the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b). (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this title; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this title; or. Family and Medical Leave (FMLA)run s concurrent w ith medical/worker's compen sation leaves of absence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Washington, DC 20210 Division C of the FFCRA, “The Emergency Family and Medical Leave Expansion Act” (EFMLEA), which amends Title I of the Family and Medical Leave Act, 29 U.S.C. FMLA covers all states including Florida and provides up to 12 weeks of job-protected leave for specified reasons, including medical and family needs. (i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; (I) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and, (II) any successor in interest of an employer; and. (9) REDUCED LEAVE SCHEDULE.--The term "reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. 0 (b) INTERFERENCE WITH PROCEEDINGS OR INQUIRIES.--It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual--. (B) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code. On December 20, 2019, as part of the National Defense Authorization Act (NDAA) for Fiscal Year 2020, the Federal Employee Paid Leave Act (FEPLA) amended the Family and Medical Leave Act (FMLA) to grant federal government employees up to 12 weeks of paid time off for the birth, adoption or foster of a new child. 203(a)). (c) INTERMITTENT LEAVE OR LEAVE ON A REDUCED SCHEDULE FOR INSTRUCTIONAL EMPLOYEES.--, (1) IN GENERAL.--Subject to paragraph (2), in any case in which an eligible employee employed principally in an instructional capacity by any such educational agency or school requests leave under subparagraph (C) or (D) of section 102(a)(1), (A) to take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or, (B) to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified, and that--. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 29 CFR part 825: Family and medical leave act (fmla)(title ii administered by the office of personnel management) 6381-6387: part 630, subpart L: Expanded family and medical leave Am I able to get my old job back after returning from leave? (A) ISSUANCE.--An employer may require that a claim that an employee is unable to return to work because of the continuation, recurrence, or onset of the serious health condition described in paragraph (2)(B)(i) be supported by--, (i) a certification issued by the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate, in the case of an employee unable to return to work because of a condition specified in section 102(a)(1)(C); or, (ii) a certification issued by the health care provider of the eligible employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(1)(D). An Act. An individual employed by an air carrier as a flight deck or cabin crew member that is subject to title II of the railway labor act, 45 USC 151 to 188. 337 0 obj <>stream (3) COMMENCEMENT.--In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. 142 (1) and (3)). (B) any private elementary or secondary school and an eligible employee of the school. endstream endobj 301 0 obj <. To grant family and temporary medical leave under certain circumstances. family and medical leave under FFCRA because they are covered under title II of the FMLA, which is codified in title 5 of the United States Code. (4) CERTIFICATION.--As a condition of restoration under paragraph (1) for an employee who has taken leave under section 102(a)(1)(D), the employer may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work, except that nothing in this paragraph shall supersede a valid State or local law or a collective bargaining agreement that governs the return to work of such employees. Any such sums not paid to an employee because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. § 630.1209 Certification for leave taken because of a qualifying exigency. (2) DUTIES OF EMPLOYEE.--In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1). (B) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. (i) LEAVE DUE TO SERIOUS HEALTH CONDITION OF EMPLOYEE.--The certification described in subparagraph (A)(ii) shall be sufficient if the certification states that a serious health condition prevented the employee from being able to perform the functions of the position of the employee on the date that the leave of the employee expired. 211(c)) and in accordance with regulations issued by the Secretary. (2) FAILURE TO RETURN FROM LEAVE.--The employer may recover the premium that the employer paid for maintaining coverage for the employee under such group health plan during any period of unpaid leave under section 102 if--, (A) the employee fails to return from leave under section 102 after the period of leave to which the employee is entitled has expired; and, (B) the employee fails to return to work for a reason other than--, (i) the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subparagraph (C) or (D) of section 102(a)(1). [CDATA[/* >

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