...The Family and Medical Leave Act The Family and Medical Leave Act of 1993, or FMLA, provides for the employment protection of individuals who take a leave of absence due to family and/or medical reasons. The birth of a child is one such reason. Three important provisions of FMLA are: • FMLA only applies to covered employers. Covered employers include private sector employers with 50 or more employees, public agencies regardless of number of employees, and primary and secondary schools regardless of whether they are public or private and regardless of how many employees they have • FMLA only applies to eligible employees. Eligible employees must have worked for the covered employer for at least 12 months and at least 1250 hours, and must work at a facility that has at least 50 employees within 75 miles • FMLA requires that employees be able to take off up to 12 weeks of leave for personal health reasons or to take care of a family member with health reasons. Military caregivers are eligible for up to 26 weeks of leave. Eligible employees may take off the time without pay, without fear of losing their job or taking a pay cut when they return Situation A In Situation A, Company X is a covered employer since it has 75 employees. Employee A is an eligible employee as he has worked for the covered employer for 2 years, presumably in a full time capacity, and presumably does not work at a remote location with fewer than 50 employees. Employee A is eligible to take up to 12 weeks...
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...John Que Task 310.1.5-02, 11, 13 Sep 05, 2015 1. The provisions of the Family and Medical Leave Act of 1993 Situation A According to The Family and Medical Leave Act of 1993, eligible employee is allowed to take a leave which is unpaid due to the birth of his or her child, adoption, or caring for a family member with diagnosed serious health conditions or/and with serious injury, including but not limited to a child, spouse, parent or military personnel. In special circumstances, based on mutual agreement between employee and employer, approved employee might be eligible to receive a substitute paid leave. The Family and Medical Leave Act of 1993 states that the leave can be up to 12 work weeks in any 12 months. Further noted, the employee has the full right to return to his or her previous employment with same position and pay rate. During the leave, the employee shall continue to receive medical benefits from employer. In the event of family and medical leave, the employee has to submit a request for leave (up to 12 weeks in any 12 months) in advance to the employer. At Company X, Employee A requested a family and medical leave due to birth of his premature twins and caring for his spouse. The employee was unpaid for 11 weeks. Employee A is approved to return to previous job, at the previous rate of pay. However, Employee A is requesting to be paid for his withheld salary (11 work weeks). The Family and Medical Leave Act of 1993 applies to Employee A’s situation...
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...Employee A Scenario & Explanation: Employee A’s situation pertains characteristics covered under the Family & Medical Leave Act by being with company X longer than 6 months. Assuming he’s also reached the minimum hours worked of 20 hours a week or 1,250 hours worked in each calendar year. Company X holds 75 employees and only 50 must be employed within 75 miles to qualify for FMLA benefits. In reviewing employee A’s situation and Company X’s qualifications in accordance to the provisions of the FMLA , employee A qualifies for up to 12 weeks unpaid time off, with no repercussions of losing his current job, pay rate, or hierarchical position while he tends to his wife and newborn child. FMLA leave does not however compensate salary for time missed but ensures he will keep his job despite the missed time within the 12 month period of birth. Although he may use his sick and/or vacation time along with FMLA leave to cover pay lost during those 12 weeks. With this being said, there is no violation of policy in this case. If any future employees have foreseeable leave, they must inform management 30 days prior when possible. However as emergencies aren’t predictable, as early notice as possible is preferred. We must make sure to file the proper FMLA certification for and notification form within two days of request and employees have 15 days to fill out and return the forms. Also keep in mind that it is also imperative to file these forms...
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