Family Medical Leave Act (FMLA)
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Leave Act (FMLA) Attorney>>>
Family Medical Leave Act (FMLA) Information
What
is the purpose of the Family and Medical Leave Act?
The Family and
Medical Leave Act 1993 (FMLA) was created as a way of providing employees
with a means of coping with the challenging demands of family and home.
It applies to companies with 50 employees or more in one location or 50
employees within a 75-mile radius. It helps workers, who for personal reasons
may require time off. It allows up to 12 weeks unpaid leave and the employee
at the end of that period is entitled to return to the same or similar position
that they were in before they left.
The Act covers the following situations:
Chronic or terminal illness of a spouse or close relative;
Birth or adoption of a child;
Employee illness.
The employee must have been with the company for more than one year and
have worked more than 24 hours a week in the year preceding the requested
leave. Usually, the employer will require a doctor`s certificate to corroborate
the circumstances.
What
does the federal Family and Medical Leave Act (FMLA) govern?
The Family and
Medical Leave Act (FMLA) allows certain employees up to twelve weeks of
unpaid, job-protected leave per year. The FMLA calls for notification responsibilities.
It also requires that group health benefits be maintained during the leave.
The FMLA is designed to help employees balance their work and family responsibilities
by taking reasonable unpaid leave for certain family and medical reasons.
The FMLA also seeks to accommodate the legitimate interests of employers,
and promotes equal employment opportunity for men and women. A number of
states have also enacted family and medical leave laws, some of which provide
greater amounts of leave and benefits than those provided by FMLA. In those
situations where an employee is covered by both Federal and State FMLA laws,
the employee is entitled to the greater benefit or more generous rights
provided under the different parts of each law.
Who
is covered by the federal Family and Medical Leave Act?
Only employers
that carry 50 or more employees at a worksite, or within 75 miles, are covered
by the FMLA. However, for an employee to be eligible, he or she must have
worked for the employer for at least one year and must have worked at least
1,250 hours (an average of 25 hours a week) during the previous 12-month
period. An employer may deny leave to any key employee who receives a salary
in the top 10% of the work force and whose leave-taking would cause economic
harm to the employer.
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