...The Family and Medical Leave Act The Family and Medical Leave Act of 1993, or FMLA, provides for the employment protection of individuals who take a leave of absence due to family and/or medical reasons. The birth of a child is one such reason. Three important provisions of FMLA are: • FMLA only applies to covered employers. Covered employers include private sector employers with 50 or more employees, public agencies regardless of number of employees, and primary and secondary schools regardless of whether they are public or private and regardless of how many employees they have • FMLA only applies to eligible employees. Eligible employees must have worked for the covered employer for at least 12 months and at least 1250 hours, and must work at a facility that has at least 50 employees within 75 miles • FMLA requires that employees be able to take off up to 12 weeks of leave for personal health reasons or to take care of a family member with health reasons. Military caregivers are eligible for up to 26 weeks of leave. Eligible employees may take off the time without pay, without fear of losing their job or taking a pay cut when they return Situation A In Situation A, Company X is a covered employer since it has 75 employees. Employee A is an eligible employee as he has worked for the covered employer for 2 years, presumably in a full time capacity, and presumably does not work at a remote location with fewer than 50 employees. Employee A is eligible to take up to 12 weeks...
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...LIT1 Task 310.1.5-02, 11, 13: Labor and Employment Law In the United States, several laws have been enacted to protect the rights of workers and provide guidelines to employers. The Family Medical Leave Act of 1993, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975, provide clear guidance to employers and employees when addressing workplace concerns. Employees and employers must understand the requirements of each law to ensure proper implementation and avoid conflict. Situation A Family Medical Leave Act (FMLA) Congress enacted The Family Medical Leave Act of 1993 to balance the workplace and personal needs of employees (J. J. Keller & Associates, Inc., 2011). The act provides protection for employees needing to take time off to address personal health needs and those of immediate family members. The act also provides time off to men and women to care for a new baby. In addition, the act provides stability to employees. Before the law was enacted, many employees faced the prospect of job loss if personal or family health issues prevented them from working. Employers must offer job protection to employees as long as proper notification and documentation is provided. Eligibility. There are specific eligibility requirements for Family Medical Leave. An employee is eligible for twelve work weeks of Family Medical Leave if the company has more than fifty employees, who commute within seventy five miles of the work location. Leave may be continuous...
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...Employee A Scenario & Explanation: Employee A’s situation pertains characteristics covered under the Family & Medical Leave Act by being with company X longer than 6 months. Assuming he’s also reached the minimum hours worked of 20 hours a week or 1,250 hours worked in each calendar year. Company X holds 75 employees and only 50 must be employed within 75 miles to qualify for FMLA benefits. In reviewing employee A’s situation and Company X’s qualifications in accordance to the provisions of the FMLA , employee A qualifies for up to 12 weeks unpaid time off, with no repercussions of losing his current job, pay rate, or hierarchical position while he tends to his wife and newborn child. FMLA leave does not however compensate salary for time missed but ensures he will keep his job despite the missed time within the 12 month period of birth. Although he may use his sick and/or vacation time along with FMLA leave to cover pay lost during those 12 weeks. With this being said, there is no violation of policy in this case. If any future employees have foreseeable leave, they must inform management 30 days prior when possible. However as emergencies aren’t predictable, as early notice as possible is preferred. We must make sure to file the proper FMLA certification for and notification form within two days of request and employees have 15 days to fill out and return the forms. Also keep in mind that it is also imperative to file these forms...
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