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Bark is not currently able to monitor Ask. Q Can I care for two seriously injured or ill servicemembers at the same time? However, an eligible employee may not take more than 26 workweeks of leave during each single month period. Q What if my covered servicemember receives a catastrophic injury and the military issues me travel orders to immediately fly to Landstuhl Regional Medical Center in Germany to be at his bedside. Do I have to provide a completed certification before flying to Germany?
The regulations also permit an eligible employee who is a spouse, parent, son, daughter or next of kin of a covered servicemember to submit an ITO or ITA issued to another family member as sufficient certification for the duration of time specified in the ITO or ITA, even if the employee seeking leave is not the named recipient on the ITO or ITA.
Q How is leave designated if it qualifies as both military caregiver leave and leave to care for a family member with a serious health condition?
For military caregiver leave that also qualifies as leave taken to care for a family member with a serious health condition, the regulations provide that an employer must designate the leave as military caregiver leave first. The Department believes that applying military caregiver leave first will help to alleviate some of the administrative issues caused by the running of the separate single month period for military caregiver leave.
An employee must provide notice of the need for qualifying exigency leave as soon as practicable. For example, if an employee receives notice of a family support program a week in advance of the event, it should be practicable for the employee to provide notice to his or her employer of the need for qualifying exigency leave the same day or the next business day.
Q Are the certification procedures timing, authentication, clarification, second and third opinions, recertification the same for qualifying exigency leave and leave due to a serious health condition? The same timing requirements for certification apply to all requests for FMLA leave, including those for military family leave. If the qualifying exigency involves a meeting with a third party, employers may verify the schedule and purpose of the meeting with the third party.
Additionally, an employer may contact the appropriate unit of the Department of Defense to confirm that the military member is on covered active duty or call to covered active duty status. Employers are not permitted to require second or third opinions on qualifying exigency certifications. Employers are also not permitted to require recertification for such leave. An employee may take up to 12 workweeks of FMLA leave for qualifying exigencies during the twelve-month period established by the employer for FMLA leave.
Qualifying exigency leave may also be taken on an intermittent or reduced leave schedule basis. Q How much leave can I take if I need leave for both a serious health condition and a qualifying exigency?
Qualifying exigency leave, like leave for a serious health condition, is a FMLA-qualifying reason for which an eligible employee may use his or her entitlement for up to 12 workweeks of FMLA leave each year. An eligible employee may take all 12 weeks of his or her FMLA leave entitlement as qualifying exigency leave or the employee may take a combination of 12 weeks of leave for both qualifying exigency leave and leave for a serious health condition.
Q Can I take qualifying exigency leave when my military member returns from deployment? USERRA is a federal law that provides reemployment rights for veterans and members of the National Guard and Reserve following qualifying military service.
USERRA requires that servicemembers who conclude their tours of duty and who are reemployed by their civilian employers receive all benefits of employment that they would have obtained if they had been continuously employed, except those benefits that are considered a form of short-term compensation, such as accrued paid vacation. If a servicemember had been continuously employed, one such benefit to which he or she might have been entitled is leave under the FMLA.
USERRA requires that a person reemployed under its provisions be given credit for any months of service he or she would have been employed but for the period of absence from work due to or necessitated by USERRA-covered service in determining eligibility for FMLA leave.
A person reemployed following USERRA-covered service should be given credit for the period of absence from work due to or necessitated by USERRA-covered service towards the months-of-employment eligibility requirement. For example, someone who has been employed by an employer for nine months is ordered to active military service for nine months after which he or she is reemployed.
Upon reemployment, the person must be considered to have been employed by the employer for more than the required 12 months nine months actually employed plus nine months of USERRA-covered service for purposes of FMLA eligibility. It should be noted that the 12 months of employment need not be consecutive to meet this FMLA requirement. Q How should the 1, hours-of-service requirement be calculated for returning servicemembers?
Accordingly, a person reemployed following USERRA-covered service has the hours that would have been worked for the employer added to any hours actually worked during the previous month period to meet the 1, hour requirement. Special hours of service eligibility requirements apply to airline flight crew employees. An airline flight crew employee is an airline flight crewmember or flight attendant as those terms are defined in the FAA regulations. In order to be eligible to take leave under the FMLA, an airline flight crew employee must work for a covered employer; be employed at a worksite where the employer has 50 or more employees within 75 miles; have worked for the employer for 12 months; and meet the hours of service requirement.
Due to non-traditional work schedules, airline flight attendants and flight crew members are subject to special hours of service eligibility requirements under the FMLA. An airline employee who is not an airline flight crewmember or flight attendant as those terms are defined in the FAA regulations is subject to the generally applicable FMLA eligibility requirements.
The worksite is the terminal to which employees are assigned, report for work, depart, and return after completion of a work assignment. Therefore, in the case of airline flight crew employees, the worksite is their home base, or domicile.
For example, an airline pilot may work for an airline with headquarters in New York, but the pilot regularly reports for duty and originates or begins flights from the company's facilities located in an airport in Chicago and returns to Chicago at the completion of one or more flights to go off duty.
The pilot's worksite is the facility in Chicago. The applicable monthly guarantee for an airline flight crew employee who is not on reserve status i. For an airline flight crew employee on reserve status, it is the minimum number of hours for which an employer has agreed to pay the employee for any given month.
Q How is the number of hours worked determined for an airline flight crew employee? In contrast to flight or block hours, duty hours encompass time spent performing a variety of support duties that begin before a plane takes flight and end after it lands. Duty hours are widely recognized and used in the industry. Q How is the number of hours paid determined for an airline flight crew employee?
The number of hours paid is the hours for which the employee received wages during the previous month period. An airline flight crew employee returning from USERRA-covered service shall be credited with the hours of service that would have been performed but for the period of absence from work due to or necessitated by USERRA-covered service in determining the employee's eligibility for FMLA-qualifying leave.
Accordingly, an airline flight crew employee re-employed following USERRA-covered service has the hours that would have been worked for or paid by the employer added to any hours actually worked or paid during the previous month period to meet the hours of service requirement.
In order to determine the hours that would have been worked or paid during the period of absence from work due to or necessitated by USERRA-covered service, the employee's pre-service work schedule can generally be used for calculations. As with all employers covered under the FMLA, an employer of an airline flight crew employee must observe any employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established by the FMLA.
Conversely, the rights established by the FMLA may not be diminished by any employment benefit program or plan. For example, a provision of a CBA which provides for reinstatement to a position that is not equivalent because of seniority e.
This entitlement is based on a uniform six-day workweek for all airline flight crew employees, regardless of the time actually worked or paid, multiplied by the statutory workweek entitlement for FMLA leave. An eligible airline flight crew employee is entitled to days of military caregiver leave during a single month period to care for a covered servicemember with a serious injury or illness. This entitlement is based on a six-day workweek multiplied by the statutory workweek entitlement for military caregiver leave.
Q Does an employer have to return an airline flight crew employee to work after a period of FMLA leave? On return from FMLA leave whether after a block of leave or an instance of intermittent leave , the FMLA requires that, as with all employers covered under the FMLA, an employer of an airline flight crew employee return the employee to the same job or one that is nearly identical equivalent.
Q I am a caregiver for my brother who is not able to take care of himself. FMLA leave to care for a relative is generally limited to caring for a spouse, son, daughter, or parent.
An eligible employee standing in loco parentis to a sibling who is under 18, or who is 18 years of age or older and incapable of self-care because of a mental or physical disability, may take leave to care for the sibling, if the sibling has an FMLA-qualifying serious health condition.
Under the regulations, an employer may deny a bonus that is based upon achieving a goal, such as hours worked, products sold or perfect attendance, to an employee who takes FMLA leave and thus does not achieve the goal as long as it treats employees taking FMLA leave the same as employees taking non-FMLA leave.
For example, if an employer does not deny a perfect attendance bonus to employees using vacation leave, the employer may not deny the bonus to an employee who used vacation leave for a FMLA-qualifying reason. Public chats in askfm are awesome. But all messages in public chats are available to any user. This limits the topics of communication. And you can start a private chat only with the user you choose yourself! You can chat in private and public chats. Both types of chat are safe.
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