Digital Signature Legality for Leave of Absence Agreement in United States

How to eSign a document: digital signature legality for Leave of Absence Agreement in United States

One employment law that affects almost every employee in America is the Family and Medical Leave Act or FMLA what's so great about FMLA is it provides job protected leave for qualifying family and medical reasons and requires the continuation of health benefits that means if you leave the job it must be ready for you when you come back now which employees are eligible to use FMLA well you have to have worked for your employer for 12 months at least have at least 1 250 service hours during that 12 months and work at a location where the employer has at least 50 employees now flight attendants and flight Crews have different requirements so what employers are required to let their employees use FMLA well private sector employers who employ 50 or more employees in 20 or more work weeks in a calendar year so basically it excludes holiday workers public employers and local education agencies so all three of these must let their employees use FMLA if they are eligible so the leave is protected for the birth of a child within one year of the birth for both the mom and the dad to care for a child spouse or parent who has a serious health condition or a serious health condition that makes you the employee unable to work and also reasons related to a family member's service in the military so one common question is can I take the leave all at once or do I have to and yeah you can the lead can be taken all at once in blocks except for the birth of a child that must be taken all at once it can also be taken on a part-time basis so maybe for whatever medical condition you can only work three or four hours a day that's protected now it is unpaid unless you have PTO or sick days to use and if you do have PTO days your employer can force you to use those during the leave now employers must notify you if you're eligible to use FMLA within five days of the request and they must provide you with your rights and responsibilities so nobody should be surprised what the employer's expectations of are you during the FMLA leave now also the employer can request a medical certificate which is a question that we get a lot can my employer asks from documentation from my doctor yes they can now one exception is teachers and certain key employees may not be guaranteed to get their same position back so that is one carve out within the law that requires some specific requires some specifics that we can get into if you have questions about that so how does an employee go about using FMLA now if you know in advance that you're going to need to use this for a medical condition or just you know something's coming up that you're going to need to use it you must give your employees 30 days notice now if you don't know if it's an emergency situation it just requires you to let your employer know ASAP now if your employer has a normal call-in procedure that you have to follow when you call out sick those also must be followed when using FMLA to apply for the family of Medical Leave Act visit the Department of Labor wage and hour division website