The Family and Medical Leave Act

The Family and Medical Leave Act

  • Submitted By: sir1451
  • Date Submitted: 05/03/2010 3:13 PM
  • Category: Business
  • Words: 871
  • Page: 4
  • Views: 361


[pic]The Family & Medical Leave Act (FMLA) applies to your company if you employ over 50 employees within 75 miles of the worksite, and at least 50 of your employees work 20 or more work-weeks in the current or preceding calendar year. If your company is a public agency, you are subject to provide FMLA regardless of the number of employees employed. All schools, private or public, are considered public agencies.

[pic]An “eligible” employee allowed leave under the FMLA is an employee that has been employed with your company for at least 1,250 hours during a 12 month period prior to the start of the leave. The 12 months do not need to be consecutive months. The burden is on the employer to show records that the employee has not worked the required 1,250 hours. If the employer cannot show record of work hours, the employee is eligible to use FMLA. (Full-time teachers are eligible for FMLA even though they might not work 1,250 hours in a year.)

An employer must give an employee requesting FMLA written notice, within two business days, if they are not eligible for FMLA. If the employer does not respond within two business days, the employee will be eligible to take the leave.

A husband and wife who are employed with the same company are only entitled to a combined total of 12 weeks for the birth of a child, when adopting a child, or to care for a parent with a serious health condition.

[pic]The employer is not allowed to terminate FMLA if the employer falls below 50 employees for those employees currently on leave. Once the leave has been granted or the employee provides approval notice, the employer cannot alter the leave.

[pic]The employee is required to provide 30 days notice for foreseeable events that require FMLA. Foreseeable events would include scheduled surgery, adoption, or birth of child. The employer is allowed to delay the onset of FMLA without a 30 day notice.

[pic]The employer can ask the employee to provide a...

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