Family and Medical Leave Act Cases
Family Medical and Leave Act
Ty Hyderally has many successful years of practice and litigation in the field of employment law. Not only has he successfully worked the broad scope of this field of legal practice, Mr. Hyderally spends much of his time diligently educating various audiences about the importance of employment law and how the workplace can remain in compliance with the various aspect of this vast field. One of the areas that Ty Hyderally is adamant about is the Family Medical Leave Act or the FMLA.
What is the FMLA?
The FMLA is a law established on the federal level which entitles a covered employee up to 12 weeks of leave for family medical leave. The 12 work weeks do not have to be taken consecutively, and they do not have to take a total of 12 weeks off. Employees may take intermittent leave or they may also work on a reduced schedule in some situations as allowed by the employer. The leave can be taken in any increments or periods of time which the employer approves; it must not go over 12 weeks in one year’s time. This leave can be used if the employee is ill and unable to work, a family member is seriously ill, situations with a spouse, parent or child who is on active military duty, or to care for an injured service member who is a “next of kin.” The intention of the FMLA is to reserve the position and job status while the employee is caring for themselves or their family. The employer may hire a temporary fill-in to work in the employee’s absence, but they cannot fill their position permanently while they are on family medical leave.
While the employee is on leave under the provision of the FMLA, the employer must continue to provide health benefits for the family, including family coverage. When the employee returns from leave, they are to be restored to their original job or at least one which is “equivalent” such that it is identical to the original job as far as pay, benefits and any other terms and conditions of employment.
Why can employee request leave under the FMLA?
The FMLA provides covered employees up to 12 weeks of unpaid leave for one of the following reasons. They may request FMLA benefits for the birth or care of a newborn child, one which is adopted or a new foster child which is added to their home. Employees may request leave to care for a member of their immediate family who has a serious health condition. Immediate family members include spouse, parent or a child. The term “serious health condition” is outlined in the law and refers to a condition which is verified by a physician who must complete a medical certification form.
What is a “covered” employee?
For an employer to grant FMLA to an employee, they must have at least 50 employees that work for them. In order for the employer to grant FMLA, the company had to have employed the 50 workers for at least 20 or more calendar weeks during the previous year. Also, the employee requesting FMLA has to have worked continuously for the employer for at least one year and they had to of completed at least 1,250 hours of work on the job over the previous 12 months.
Is the employee paid when they take FMLA?
Under the FMLA employers do not have to pay an employee who takes leave of absence under this legal provision. In some cases, an employee may have accrued either vacation time or sick leave which can be collected while they are off work.
What is the FMLA?
The FMLA is a law established on the federal level which entitles a covered employee up to 12 weeks of leave for family medical leave. The 12 work weeks do not have to be taken consecutively, and they do not have to take a total of 12 weeks off. Employees may take intermittent leave or they may also work on a reduced schedule in some situations as allowed by the employer. The leave can be taken in any increments or periods of time which the employer approves; it must not go over 12 weeks in one year’s time. This leave can be used if the employee is ill and unable to work, a family member is seriously ill, situations with a spouse, parent or child who is on active military duty, or to care for an injured service member who is a “next of kin.” The intention of the FMLA is to reserve the position and job status while the employee is caring for themselves or their family. The employer may hire a temporary fill-in to work in the employee’s absence, but they cannot fill their position permanently while they are on family medical leave.
While the employee is on leave under the provision of the FMLA, the employer must continue to provide health benefits for the family, including family coverage. When the employee returns from leave, they are to be restored to their original job or at least one which is “equivalent” such that it is identical to the original job as far as pay, benefits and any other terms and conditions of employment.
Why can employee request leave under the FMLA?
The FMLA provides covered employees up to 12 weeks of unpaid leave for one of the following reasons. They may request FMLA benefits for the birth or care of a newborn child, one which is adopted or a new foster child which is added to their home. Employees may request leave to care for a member of their immediate family who has a serious health condition. Immediate family members include spouse, parent or a child. The term “serious health condition” is outlined in the law and refers to a condition which is verified by a physician who must complete a medical certification form.
What is a “covered” employee?
For an employer to grant FMLA to an employee, they must have at least 50 employees that work for them. In order for the employer to grant FMLA, the company had to have employed the 50 workers for at least 20 or more calendar weeks during the previous year. Also, the employee requesting FMLA has to have worked continuously for the employer for at least one year and they had to of completed at least 1,250 hours of work on the job over the previous 12 months.
Is the employee paid when they take FMLA?
Under the FMLA employers do not have to pay an employee who takes leave of absence under this legal provision. In some cases, an employee may have accrued either vacation time or sick leave which can be collected while they are off work.