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Labor and Employment Law

The Family and Medical Leave Act was created in 1993 and was meant to offer employees up to twelve weeks of unexcused absence from their jobs per year. The FMLA was meant to provide an opportunity to employees to be able to avoid having to choose between work obligations and personal emergencies which called them away from work. If an employee or a family member is suffering from a serious health condition, they qualify for leave under FMLA laws. The health condition must interfere with the employee’s ability to perform their job or it must require the employee to provide care to a family member with a serious health condition.
Employees can use FMLA for several situations which include, but is not limited to: pregnancy, prenatal complications, diabetes, epilepsy, hospitalization, and long term conditions such as cancer and Alzheimer’s disease.
In order to qualify, the employee must have worked for a company with 50 or more employees for over twelve months and they must have worked at least 1250 hours in the previous year. When the employee returns to work, they should be allowed to return to the same position at the same salary, as long as they are able to perform essential job duties as they were prior to taking leave. If an employee is disabled upon returning, the employee should be offered a position they are able to perform at the same salary as when leave was taken. FMLA regulations cannot guarantee that the leave be paid leave; that decision is left to each individual company/employer.
According to Situation A, Employee A has been with Company X for two years. Employee A requested leave to be with his spouse who gave birth prematurely to twins. His request was granted and he has been on leave for 11 weeks and has asked to return to work. He has also requested to be paid his withheld salary for the 11 weeks that he has

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