Answers To Some Frequently Asked Questions--Part One

I have received a number of questions, both by email and on the blog, so I wanted to take some time to address the most frequently asked questions.  I hope to make this a continuing series.

Q.  Can an employee qualify for FMLA leave in connection with an upcoming imprisonment?

A.   Unless the employee or a qualified family member suffers from a serious health condition, the employee is giving birth to or adopting a child or taking leave to care for a newborn child, or the employee qualifies for military-related FMLA leave (and has worked for a covered employer for at least 12 months and at least 1250 months in the previous 12 months), the employee would not be eligible for FMLA leave to prepare for an upcoming imprisonment. 

Q.  Must an employee requalify for FMLA in connection with an intra-company transfer to another department?

A.  No.  If the employee previously established her eligibility for FMLA leave, and has complied with any valid recertification requirements, as applicable, the employee need not reestablish eligibility for FMLA leave due to a transfer.

Q.  What is the current status of the proposed Family and Medical Leave Inclusion Act, H.R. 2132?

A.  The bill was referred to committee, which is the first step in the legislative process.  I will update the blog should there be any new updates concerning the bill.  In the meantime, FMLA leave is not available to employees who require leave to care for the serious health condition of a domestic partner or same-sex partner, although employers may offer such leave voluntarily.

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