Page 30 - Microsoft Word - Updated Book Draft 2 23 2017 (1)

clinician is not necessarily based on objective tests and

measures, but by the provider’s clinical judgment.

C. The Family and Medical Leave Act

Under federal law (FMLA), if an employer has 50

or more employees and the individual has worked at least

1250 hours over the past 12 months, the Family Medical

Leave Act requires that the employer provide job-

protected leave for 12 weeks for the employee’s medical

condition or that of his or her immediate family member,

or for the birth or adoption of a child. It is also unlawful

to retaliate against an employee for taking FMLA leave.

The important things to remember about the

FMLA:

 It does not apply to every employer, or to every

employee (see threshold requirements above).

26| Rules of the Road