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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.
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