Family and Medical Leave Act

Sep 11, 2021
Family Medical Leave Act

Overview of the Family and Medical Leave Act

Welcome to Berggren & Turturice's comprehensive guide on the Family and Medical Leave Act (FMLA)! As a leading legal firm specializing in employment and labor law, we are dedicated to providing valuable resources and expert advice to employers and employees.

The Family and Medical Leave Act is a vital piece of legislation designed to protect the rights of employees who are facing personal or family-related medical issues. Enacted in 1993, the FMLA enables eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific reasons such as the birth or adoption of a child, caring for a seriously ill family member, or managing their own serious health condition.

Understanding Employee Eligibility

To be eligible for FMLA benefits, employees must meet certain criteria. Firstly, the individual must work for a covered employer, which includes private-sector employers with 50 or more employees, federal government agencies, and local educational agencies.

Secondly, the employee must have worked for the employer for at least 12 months, accumulating a minimum of 1,250 hours of service during that period. These hours may be completed on either a full-time or part-time basis, as long as the total meets the required threshold.

Thirdly, the need for leave must be due to a qualifying reason under the FMLA. These reasons include the birth or placement of a child, the need to care for a child, spouse, or parent with a serious health condition, or a serious health condition that renders the employee unable to perform their job.

Understanding Employer Obligations

As an employer, it is crucial to understand and fulfill your obligations under the Family and Medical Leave Act. Employers covered by the FMLA must provide eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period. This means that employees returning from FMLA leave must be reinstated to their previous position or an equivalent role.

It's important to note that employers are prohibited from interfering with an employee's FMLA rights and retaliating against employees for asserting those rights. Violations of the FMLA can result in legal consequences, including lawsuits and monetary damages.

Taking Advantage of FMLA Benefits

Employees covered by FMLA have the opportunity to take leave for a variety of reasons and make crucial decisions regarding their health and family needs without the fear of losing their jobs. It is essential for eligible employees to understand their rights and communicate with their employers regarding their need for FMLA leave.

When planning to take FMLA leave, employees should notify their employer as soon as possible, providing sufficient information about the reason for their leave and the anticipated duration. This advance notice allows employers to prepare for the absence and ensures a smooth transition for both parties involved.

Protecting Your Rights with Berggren & Turturice

At Berggren & Turturice, we are committed to ensuring that the rights of employees and employers are protected under the Family and Medical Leave Act. Our team of experienced attorneys specializes in employment and labor law, offering expert advice and guidance to both employees and employers navigating the complexities of the FMLA.

If you have any questions or require legal assistance related to the FMLA or any other employment law matter, feel free to contact us. Our dedicated team is here to provide comprehensive support and help you understand your rights and obligations under the law.

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Sep 16, 2021
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