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Opm fmla Form: What You Should Know

May 2015. In order for an employee to request an amount of leave, it must be approved by the employer. If an employee requests leave when they have already completed their FMLA term, they will not receive FMLA leaves at their former rate. They must go back to their previous rate for their new leave request, which may not take effect until it is approved by the management. Do I have to re-apply for leave for that month if it is approved by management? Yes. If you are eligible to re-apply for the leave, then you must do, so before it takes effect. However, if the leave was approved by your manager before you requested it, then you do not have to re-apply for that leave. All employees who would like to take FMLA leave should take a leave period of no longer than three years that is based on the time you worked for the employer before leaving as a condition of your employment. FMLA does not require employers to pay time off for FMLA leave. The Office of Personnel Management has a policy on leave, entitled “Time at Risk”: In order to comply with the requirement for a period of at least 12-months to be designated as “paid-leave” on the employee's W-2 form, the employee has to be employed (not on leave) for a total of more than three years or must be on paid leave of at least two years, the employee must have paid FMLA benefits during each of the three years, and he or she is in “active” service on a continuous basis. The Department of Labor has adopted its policy that employees not in “active” service must have more than 12 months accumulated or received FMLA leaves in order to be eligible for the “paid-leave” classification on the employee's W-2 Form. The Department believes that the “paid-leave” classification should be applied only to employees who have worked for their employers continuously for a minimum of six (6) consecutive months, rather than to employees who have worked for an employer between three and twelve months. The Department is not aware of any studies that address the eligibility status for employees on leave for any number of years, other than the period of continuous employment, prior to leaving the agency for a 12-month absence.

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