FMLA Statutes

825.111	Eligible Work Site	Employers may exclude workers at worksites with less than 50 employees within 75 mile radius.
825.113	Family Relationships	Employer may require confirmation of relationships.
825.2	Leave Year	Employer may select the calendar method, rolling forward method, or rolling backward method for the 12 month leave period.
825.201	Family Leave	Family leave for birth, adoption or placement of adoption must be used within 12 months of the event
825.202	Married Couples & Same Employer	Employer may limit to 12 weeks total family leave between both individuals.
825.202	Married Couples & Same Employer	Employer may limit to 12 weeks total between spouses for care of parents
825.203	Reduced/Intermittent Leave	Employer may limit intermittent leave to the shortest period of time that the payroll system accounts for down to one hour.
825.203	Family Leave	Employer's option regarding reduced/intermittent leave for family leave.
825.204	Reduced/Intermittent Leave	Employee may be transferred to an alternative position to accommodate leave and business necessity. Must receive equivalent pay and benefits.
825.206	Pay Deductions	The employer may deduct wages for time taken for intermittent leave, including leave taken by salaried employees.
825.207	Paid Leave	Employer may require employee to run paid leave concurrently with FMLA.
825.208	Employee Failure to Provide Required Information	If the employee fails to provide sufficient information to explain the reasons for the leave, the employer may deny FMLA qualification.
825.212	Cancellation of Health Insurance	Health insurance coverage may by cancelled if the employee's payment is more than 30 days late & employer ahs provided 15 days notice.
825.213	Recovery of Premiums	Employer may recover health care premiums if employee fails to return from leave voluntarily.
825.216	Denial of Restoration	Restoration may be denied if employee would have lost the position regardless of FMLA (i.e. - lay off).
825.217-219	Key Employee	May be denied restoration if absence causes grave economic harm.
825.302	Foreseeable Leave	Employer may require 30 days advanced notice.
825.302	Foreseeable Leave	Employer may require employee to comply with usual and customary notice and procedural requirements for requesting foreseeable leave.
825.302	Foreseeable Leave	Employer may waive notice requirements.
825.302	Reduced/Intermittent Leave	Employer may require certification of a serious health condition and employee's required presence if for family member.
825.307	2nd Opinion - Medical Certification	Employer may require 2nd opinion (in case of conflicting results, a 3rd opinion is necessary and binding).
825.308	Rectification	May require at the employer's expense if the employee request an extension of leave, circumstances have significantly changes of the employer suspects fraud.
825.309	Returning from Leave	Employer may require two day notice if employee wishes to return from leave earlier than expected.
825.309	Periodic Status Reports	Employer may require employee to report on their status.
825.31	Return to Work	Employer may require a "fitness for duty" note from physician before the employee, who had the serious health condition, may return to work.
825.312	Delay of Leave	If foreseeable leave and notice not provided by employee, employer may delay leave for up to 30days.
825.312	Denial of restoration	Restoration my be denied if employee fails to provide medical certification, fitness for duty certification or if the employee would of lost his/her job anyway (I.e. - lay off).
825.312	Employee Fraud	May deny restoration if leave is obtained fraudulently.
825.312	Moonlighting	If the employer has a uniformly enforced policy of no moonlighting, then it may deny restoration if the employee violates this policy while on FMLA.