Employers are also not permitted to require recertification for such leave. An employee does not accrue FMLA leave at any particular hourly rate. The 12-month period measured forward from the date an employee's FMLA leave begins. (Q) How soon after I request leave does my employer have to request a medical certification of a serious health condition? The weekly average is determined by the hours scheduled over the 12 months prior to the beginning of the leave and includes any hours for which the employee took any type of leave. It is important to note that some states require employers to use a specific method for determining the leave period. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Six months later, and in connection with an absence for therapy, the employer may properly ask Joe for another recertification for his need for FMLA leave. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Joe takes eight weeks of FMLA leave for a back operation and intensive therapy, and gives his employer a medical certification that states that he will be absent for eight weeks. Any fixed 12-month period (such as a fiscal year or the period starting on an employee's anniversary date). Caring for a family member under the FMLA includes helping with basic medical, hygienic, nutritional or safety needs, and filling in for others who normally provide care. If the employee does not choose to substitute applicable accrued paid leave, the employer may require the employee to do so. The applicable monthly guarantee for an airline flight crew employee who is not on reserve status (i.e., an employee who is a line holder) is the minimum number of hours for which an employer has agreed to schedule the employee for any given month. (Q) What is the applicable monthly guarantee? An employee is entitled to up to 12 workweeks of FMLA leave for most qualifying reasons or up to 26 workweeks of FMLA leave for military caregiver leave. (Q) When can an eligible employee use FMLA leave? May I use FMLA leave for his care? Federal government websites often end in .gov or .mil. If the employee never provides the certification, he or she may be denied reinstatement. If leave is foreseeable less than 30 days in advance, the employee must provide notice as soon as practicable generally, either the same or next business day. An employer that willfully violates this posting requirement may be subject to a civil money penalty for each separate offense. The most common serious health conditions that qualify for FMLA leave are: (Q) Can I continue to use FMLA for leave due to my chronic serious health condition? [CDATA[/* >