Family and Medical Leave Acts (FMLA)

Family and Medical Leave Act

The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. This includes the continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

This federal law that entitles an eligible employee with a qualifying leave event to job protected leave of up to 12 or 26 work weeks. The Act authorizes an employer of an employee who requests leave for one of those reasons to require the employee to provide a certification issued by a health care provider that contains certain information concerning the serious health condition or serious injury or illness.

During the 83rd (2025) Nevada Legislative Session, the Legislature passed Assembly Bill (AB) 305. AB 305 prohibits a provider of health care from charging a person more than $30 to fill out the form for such a certification. This bill requires that amount to be adjusted annually based on the Consumer Price Index. AB 305 requires the Department of Human Services to annually post the amount allowed to be charged for this purpose online as found below. 

Maximum Charge for FMLA Health Care Certification Charge

Resources:

• ·        United States Department of Labor: Family and Medical Leave Act | U.S. Department of Labor
• ·        Nevada Department of Administration – Human Resource Management: Family and Medical Leave Act (FMLA)
• ·        Nevada Legal Services: FMLA | Nevada Legal Services
• ·        Nevada Office of Consumer Health Assistance: Office for Consumer Health Assistance (OCHA)