FMLA Glossary
Definitions sourced from 29 CFR Part 825
Adoption
Legally and permanently assuming the responsibility of raising a child as one's own. The source of the child (e.g., private vs. state agency) is not a factor in eligibility for leave.
Airline Flight Crew Employee
A flight crew member or flight attendant. Special eligibility rules apply: must have worked or been paid for not less than 60% of their applicable monthly guarantee and worked at least 504 hours.
Authentication
A process where the employer (or TPA) contacts the health care provider to confirm that the information contained on the certification form was completed and/or authorized by the health care provider. No additional medical information may be requested.
Chiropractor
Considered a 'health care provider' ONLY for treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist. Other chiropractic treatments are not covered.
Chronic Condition
A serious health condition that requires periodic visits for treatment, continues over an extended period, and may cause episodic incapacity (e.g., asthma, diabetes, epilepsy).
Clarification
Contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of a response. Employers may not ask for additional information beyond what is required by the certification form.
Clinical Psychologist
A health care provider authorized to practice psychology in the State and performing within the scope of their practice. Can certify serious health conditions.
Clinical Social Worker
A health care provider authorized to practice social work in the State and performing within the scope of their practice as defined under State law. Can certify serious health conditions.
Common Law Marriage
FMLA recognizes common law marriages if they were validly entered into in a State that recognizes such marriages. The validity is determined by the law of the State where the marriage was entered into.
Contingency Operation
A military operation that is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force.
Continuing Treatment
A period of incapacity of more than three consecutive, full calendar days + subsequent treatment (two visits to a provider or one visit + a regimen of continuing treatment).
Continuous Leave
A leave of absence taken in a single, continuous block of time.
Covered Active Duty
For regular Armed Forces: duty during deployment to a foreign country. For National Guard/Reserves: duty during deployment to a foreign country under a call or order to active duty in support of a contingency operation.
Covered Employer
A private sector employer with 50 or more employees, all public agencies (regardless of employee count), and elementary/secondary schools (regardless of employee count).
Covered Servicemember
A current member of the Armed Forces (including National Guard or Reserves) undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary disability retired list, for a serious injury or illness; OR a covered veteran.
Designation Notice
A written notice from the employer determining whether the employee's leave request will be designated as FMLA-qualifying and deducted from their entitlement.
Eligible Employee
An employee who has been employed by the employer for at least 12 months, has at least 1,250 hours of service in the 12 months prior to leave, and works at a location with 50+ employees within 75 miles.
Equivalent Position
A position that is virtually identical to the employee's former position in terms of pay, benefits, and working conditions, including privileges, perquisites, and status.
Essential Functions
The fundamental job duties of the employment position. An employee must be able to perform these functions to return to work, or may be denied restoration if unable to do so due to the serious health condition.
Exempt Employee
For FLSA-exempt employees (salaried), the employer has the burden of proving that the employee has not worked the requisite 1,250 hours. If no records are kept, the employee is presumed to have met the requirement if they have been employed for 12 months.
Family and Medical Leave Act (FMLA)
A federal law that provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage.
Fitness-for-Duty Certification
A certification from the employee's health care provider that the employee is able to resume work. Can only be required if the employer has a uniformly applied policy or practice.
Foreseeable Leave
Leave that can be anticipated, such as an expected birth, planned medical treatment, or scheduled surgery. Requires 30 days advance notice when practicable.
Foster Care
24-hour care for children in substitution for, and away from, their parents or guardian. Requires State action or agreement. Leave to care for a foster child is covered.
Group Health Plan
Any plan of, or contributed to by, an employer to provide health care to employees or their families. Employers must maintain this coverage during FMLA leave on the same terms as if the employee had continued to work.
Health Care Provider
A doctor of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors (for spine treatment), nurse practitioners, nurse-midwives, clinical social workers, and other providers recognized under FMLA regulations.
HIPAA (Health Insurance Portability and Accountability Act)
Federal law protecting patient health information. While FMLA allows employers to request medical info, they must maintain it confidentially in separate files from personnel records.
Holidays
If an employee takes a full week of leave, holidays within that week count as FMLA leave. If leave is less than a week, the holiday does not count as FMLA leave unless the employee was scheduled to work.
Hours of Service
The 1,250 hours required for eligibility are 'hours worked' as defined by the FLSA. Paid time off (vacation, sick leave, holidays) does NOT count toward this requirement.
In Loco Parentis
In the place of a parent. Individuals who have day-to-day responsibilities to care for and financially support a child.
Incapable of Self-Care
Requiring active assistance or supervision to provide daily self-care in three or more 'activities of daily living' (ADLs) or 'instrumental activities of daily living' (IADLs). Crucial for leave to care for adult children.
Incapacity
Inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment for it, or recovery from it.
Inpatient Care
An overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with such inpatient care.
Instructional Employee
An employee employed principally in an instructional capacity by an educational agency or school (e.g., teachers, coaches). Special FMLA rules apply.
Integrated Employer
Separate entities deemed to be parts of a single employer for FMLA purposes based on common management, interrelation between operations, centralized control of labor relations, and common ownership.
Interference
An employer is prohibited from interfering with, restraining, or denying the exercise of (or attempts to exercise) any rights provided by the FMLA.
Intermittent Leave
FMLA leave taken in separate blocks of time due to a single qualifying reason rather than for one continuous period of time.
Job Restoration
The right of an employee returning from FMLA leave to be restored to the same position held when leave began, or to an equivalent position.
Joint Employment
Where two or more businesses exercise some control over the work or working conditions of the employee (e.g., temporary placement agencies). Both employers may have FMLA responsibilities.
Key Employee
A salaried FMLA-eligible employee who is among the highest paid 10 percent of all employees within 75 miles. May be denied job restoration if denial is necessary to prevent substantial economic injury to employer operations.
Light Duty
Temporary work that is physically less demanding or different from normal duties. Time in light duty does not count against FMLA leave entitlement.
Medical Certification
A formal document from a health care provider attesting to the validity of a serious health condition and the necessity for leave.
Mental Health Condition
Mental health conditions (e.g., severe depression, PTSD, anxiety) are considered serious health conditions under FMLA if they require inpatient care or continuing treatment by a health care provider.
Military Caregiver Leave
Up to 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness.
Needed to Care For
Encompasses both physical and psychological care. Includes situations where the family member is unable to care for their own basic medical, hygienic, or nutritional needs or safety, or needs transportation to the doctor.
Next of Kin
The nearest blood relative other than the covered servicemember's spouse, parent, son, or daughter. Specific to military caregiver leave.
Notice of Eligibility
A notice that must be provided by the employer within five business days (absent extenuating circumstances) of an employee's request for leave or when the employer acquires knowledge that leave may be for an FMLA-qualifying reason.
Overtime
If an employee would normally be required to work overtime but cannot due to an FMLA-qualifying reason, the missed overtime hours may be counted against the employee's FMLA entitlement.
Parent
A biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter.
Physical or Mental Disability
A physical or mental impairment that substantially limits one or more of the major life activities of an individual. Used to determine eligibility for caring for a 'son or daughter' over age 18.
Psychological Comfort
A valid form of 'care' under FMLA. Providing psychological comfort and reassurance to a family member with a serious health condition who is receiving inpatient or home care is covered.
Public Agency
Includes the government of the United States, any State or political subdivision thereof, and any agency of the United States, a State, or a political subdivision. Public agencies are covered employers regardless of the number of employees.
Qualifying Exigency
Specific activities related to a family member's covered active duty or call to covered active duty status (e.g., childcare, financial arrangements, military events).
Recertification
A requested medical update. Employers generally may request recertification no more often than every 30 days and only in connection with an absence.
Reduced Schedule Leave
A leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday.
Retaliation
Adverse action taken against an employee for exercising FMLA rights, filing a complaint, or participating in an FMLA proceeding. Also referred to as 'discrimination'.
Rights and Responsibilities Notice
Written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations.
Rolling 12-Month Period
A method for calculating FMLA entitlement where the 12-month period is measured backward from the date an employee uses any FMLA leave. Each time an employee takes leave, the remaining balance is the balance of the 12 weeks not used during the immediately preceding 12 months.
Second Opinion
An employer who has reason to doubt the validity of a medical certification may require the employee to obtain a second opinion at the employer's expense.
Serious Health Condition
An illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
Serious Injury or Illness (Current Servicemember)
An injury or illness incurred in line of duty on active duty (or aggravated by service) that may render the member medically unfit to perform the duties of their office, grade, rank, or rating.
Serious Injury or Illness (Veteran)
An injury or illness incurred or aggravated in line of duty on active duty that manifested before or after the veteran left the service, and is a qualifying disability, physical/mental condition, or requires treatment for a service-connected disability.
Son or Daughter
A biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis, who is under 18 years old or is 18+ and incapable of self-care due to a disability.
Spouse
A husband or wife as defined or recognized under State law for purposes of marriage. This definition includes individuals in same-sex marriages that were validly entered into in the place of celebration.
Statute of Limitations
An employee generally has two years from the date of the last alleged violation to file a lawsuit (complaint). This extends to three years for willful violations.
Substance Abuse
FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. Absence because of the employee's use of the substance, rather than for treatment, does not qualify.
Substitution of Paid Leave
The practice of using accrued paid leave (vacation, sick, PTO) concurrently with unpaid FMLA leave. The employer may require it, or the employee may elect it.
Successor in Interest
When an employer is replaced by a successor (e.g., via merger or acquisition), the successor inherits the FMLA responsibilities. Employees' service time and leave entitlements carry over to the new employer.
Third Party Administrator (TPA)
An entity contracted by an employer to handle the administrative aspects of FMLA processing, such as determining eligibility, designating leave, and handling medical certifications.
Variable Schedule
For employees who work variable hours, the FMLA entitlement is distinct from the 1,250 hours eligibility test. The weekly average of hours worked over the 12 months prior to the beginning of the leave is used for calculating leave entitlement.
Workers' Compensation
FMLA leave and workers' compensation leave can run concurrently if the injury is a serious health condition. However, the employer cannot require substitution of paid leave if the employee is receiving workers' comp benefits.