FMLA & Military Family Leave Updates 2009. What is the Family and Medical Leave Act?. Family Medical Leave is a Federal benefit provided to eligible employees. A 1993 Federal Act which provides: up to 12 work weeks of unpaid, job-protected leave maintenance of pre-existing health benefits
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The final regulations become effective on January 16, 2009.
Continual Treatment - measured by the duration of the incapacity itself (more than 3 full consecutive days)
A chronic condition is one that:
(a) requires visits for treatment by a health care provider at least twice a year;
(b) continues over an extended period of time (including recurring episodes of a condition); and
(c) may cause episodic incapacity rather than a continuing period of incapacity
(a) each time an eligibility notice is required;
(b) if any info on it changes thereafter, within 5 business days after employee’s first request for leave after the changes occur, including reference to prior notice and info that has changed (e.g., method of paying premiums may change if paid LOA becomes unpaid LOA)
(a) within 5 business days after acquiring enough info to determine if it qualifies, absent extenuating circumstances;
(b) at any later time as long as the employee is not harmed (the Ragsdale rule); and
(c) if the amount of leave is not known, upon an employee’s request but no more often than every 30 days (if leave was taken during the prior 30 days)