Employment Law - Family Medical Leave Act

Family Medical Leave Act

American Intercontinental University

Employment Law MGT655-1302D-01

Professor: Zara Sette-Roach

Cathy Buckland

July 14, 2013

Abstract

The Family Medical Leave Act is a measure put into place by the Federal Government to protect the rights of employees in need of taking time off from their duties due to an illness, pregnancy or other medical needs. The law protects both employees and employers. The law was placed into effect in 1993.

Family Medical Leave Act

        The Federal Family Medical Leave Act allows for employees to take an extended amount of time away from work due to family or personal medical needs. Through Federal law not all employers are required to offer the FMLA worksites must meet the following criteria state, local, or federal government agency, a private business engaged in, or affecting, interstate commerce, that employees fifty or more employees in twenty or more weeks in the current or prior calendar year (Family Medical Leave Act Overview, 2013). An employer under Federal law must provide FMLA to eligible employees the maximum of twelve weeks of leave per year vacation and sick time maybe used to cover as part of the paid time off otherwise this in leave without pay. Employees may use FMLA for the birth, adoption, or placement of a child, to care for a spouse, minor, or incompetent child, or parent who has a “serious health condition”, or an employee’s own serious health condition that enables him or her to work (Family Medical Leave Act Overview, 2013). Serious health conditions include, hospital care, absence from work plus continuing treatment, pregnancy, treatment for a chronic condition, permanent long-term supervision or multiple treatments prove of these conditions may be asked for by the employer also if health insurance is provided it must be continued  (Family Medical Leave Act Overview, 2013). At the end of FMLA an employer must be granted their full position back or an equivalent pay and benefits along with terms of employment.

        Managers are required to keep in place a poster which explains all FMLA provisions and gives employees instructions on how to file complaints with the Wage and Hour Division this poster must be displayed in an area where it can be seen by employees and applicants can see it. The poster must be in a language understood by all. A handbook must be provided to all employees concerning how to apply for FMLA. Once an employee files for FMLA the employer has five days to honor that request (Health Benefits, Retirement Standards, and Worker's Compensation: Family Medical Leave, 2009).