ABSTRACT
For most safety professionals, the majority of the private sector companies or organizations meet this requirement. However, safety professionals should be aware that some companies and organizations have established policies in which the requirements to qualify for FMLA are substantially lower than the federal minimum requirements. For an employee to be eligible to take a job-protected, unpaid FMLA leave of absence, the employee must identify a qualifying event, which includes:
• Birth and care of the employee’s child, within 1 year of birth • Placement with the employee of a child from adoption or foster care, within
1 year of the placement • Care of an immediate family member (spouse, child, parent) who has a seri-
ous health condition • A health condition of the employee that makes the employee unable to per-
form the essential functions of his or her job
Safety professionals should be aware that most private sector companies or organizations have policies and procedures established, usually through the human resources department, to address all requests for FMLA leave of absences. Safety professionals often see requests for FMLA leave for non-work-related injuries or illnesses by employees or family members; however, FMLA leave can also be requested in cases involving work-related injuries or illnesses. Safety professionals should be aware that although the employee is eligible for up to 12 work weeks of unpaid leave, employees may take the leave of absence on an intermittent basis or on a reduced leave schedule if medically necessary or due to a qualifying exigency. Additionally, safety professionals should be aware that intermittent leave for the placement of adoption, foster care of a child, or birth of a child is subject to approval by the company or organization. However, safety professionals should be aware that approval by the company or organization is not required for intermittent schedules or reduced work schedules that are medically necessary due to pregnancy, serious health conditions, or serious illness or injury of a covered service member, or in exigent circumstances.
