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Family And Medical Leave Act Essay

993 words - 4 pages

The purpose of this paper is for the reader to have a better understanding of (FMLA) Family and Medical Leave Act. After reading this paper the reader will be able to answer the following questions: What are employers' responsibilities under the law and what protections does the law provide for employees. The reader will take away from the paper not only the understanding of FMLA but be able to explain the application and implication of the FMLA laws.When concerning employees The Family an Medical Leave Act (FMLA), which was will allow an employee to take off work 12 weeks within a 12 month period for the birth of a child or an adoption, if the employee themselves has serious health condition, or to care for a family member. An employee has been employed by the employer for at least 12 months and worked at least 1,250 hours can be eligible. This can be any 12 month period they don't have to be consecutive. To be an eligible employee an employer needs to have at least 50 employees within 75 miles of a worksite. An employee can work less then a full time schedule according to FMLA. An employee must pay portion of his or her benefits while on leave in order for the benefits to be maintained. After the employees leave is concluded he or she has the right to return to the same pay, position and benefits. An employee must give a 30 day prior notice of said leave. "An employer can ask any employee to obtain a certification from a medical provider testifying to the need for the employee to take the leave for themselves or for the family member." When a leave is completed by an employee an employer has the right to obtain a physical in order to return to work. If an employee does not provide a 30 day notice an employer can delay the start of FMLA until the employee can provide certification from a medical provider. An employee has a spouse that works for the same employer each employee cannot take the 12 weeks off with birth of a child or caring for a family member (N.A.,2008).The employer has many of the same guidelines as an employee within a company. "If an employer is a public agency, the employer is subjected to provide FMLA regardless of the number of employees employed. All schools, private or public, are considered public agencies." An employer has to show records that the employee has not worked the required 1,250 hours in order for the employee not to provide FMLA. If the employer cannot show record of work hours, the employee is eligible to use FMLA. Within two business days an employer must give an employee requesting FMLA written notice 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. For the employees are currently on leave an employer cannot terminate an employee if the employer drops below 50 employees. An...

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