An Overview of the Family Medical Leave Act

One of the newer federal laws which protect employees is the 1993 act which provides that anyone who has worked for at least one year for a “covered” employer for at least 1250 hours in the prior twelve months is entitled to twelve weeks of unpaid leave under certain circumstances.  It applies to employers with more than fifty employees and is generally referred to as the “FMLA.”

Under the FMLA, it is not required, as with most other laws protecting employees from discrimination, that a charge be filed with an administrative agency before filing a complaint in  court. The remedies allowed, when there has been a violation of the law,  are recovery of lost salary and benefits, double damages in appropriate cases, attorney’s fees and costs, and even reinstatement to the former job.

Typically, the major issue involved in pursuing an FMLA case is whether the reason for the absence from work is truly for a “serious health condition” of the employee, the birth or adoption of a child, or the care of a spouse, child or parent with a “serious health condition.”  The law defines a “serious health condition” as an illness, injury, impairment or physical or mental condition which requires either inpatient care or continuing treatment by a health care provider.

The employee may take the leave on a reduced or intermittent basis, but must make all reasonable efforts to schedule the leave at least thirty days in advance when based on foreseeable planned medical treatments.  The employer may demand a certificate from a health care provider verifying that the leave is medically necessary and its expected duration.

While the employee is on leave, the employer is required to continue to maintain the same health benefits for the employee as if the employee has been employed during the leave.  The employee may elect, or the employer may require, that accrued vacation or personal leave provided by the employer be taken as part of the twelve week period of leave.

At the end of the leave, the employee is entitled to resume his or her former job, or a position with equivalent employment benefits, pay and other terms and conditions of employment.An Overview of the Family Medical Leave Act

One of the newer federal laws which protect employees is the 1993 act which provides that anyone who has worked for at least one year for a “covered” employer for at least 1250 hours in the prior twelve months is entitled to twelve weeks of unpaid leave under certain circumstances.  It applies to employers with more than fifty employees and is generally referred to as the “FMLA.”

Under the FMLA, it is not required, as with most other laws protecting employees from discrimination, that a charge be filed with an administrative agency before filing a complaint in  court. The remedies allowed, when there has been a violation of the law,  are recovery of lost salary and benefits, double damages in appropriate cases, attorney’s fees and costs, and even reinstatement to the former job.

Typically, the major issue involved in pursuing an FMLA case is whether the reason for the absence from work is truly for a “serious health condition” of the employee, the birth or adoption of a child, or the care of a spouse, child or parent with a “serious health condition.”  The law defines a “serious health condition” as an illness, injury, impairment or physical or mental condition which requires either inpatient care or continuing treatment by a health care provider.

The employee may take the leave on a reduced or intermittent basis, but must make all reasonable efforts to schedule the leave at least thirty days in advance when based on foreseeable planned medical treatments.  The employer may demand a certificate from a health care provider verifying that the leave is medically necessary and its expected duration.

While the employee is on leave, the employer is required to continue to maintain the same health benefits for the employee as if the employee has been employed during the leave.  The employee may elect, or the employer may require, that accrued vacation or personal leave provided by the employer be taken as part of the twelve week period of leave.

At the end of the leave, the employee is entitled to resume his or her former job, or a position with equivalent employment benefits, pay and other terms and conditions of employment.An Overview of the Family Medical Leave Act

One of the newer federal laws which protect employees is the 1993 act which provides that anyone who has worked for at least one year for a “covered” employer for at least 1250 hours in the prior twelve months is entitled to twelve weeks of unpaid leave under certain circumstances.  It applies to employers with more than fifty employees and is generally referred to as the “FMLA.”

Under the FMLA, it is not required, as with most other laws protecting employees from discrimination, that a charge be filed with an administrative agency before filing a complaint in  court. The remedies allowed, when there has been a violation of the law,  are recovery of lost salary and benefits, double damages in appropriate cases, attorney’s fees and costs, and even reinstatement to the former job.

Typically, the major issue involved in pursuing an FMLA case is whether the reason for the absence from work is truly for a “serious health condition” of the employee, the birth or adoption of a child, or the care of a spouse, child or parent with a “serious health condition.”  The law defines a “serious health condition” as an illness, injury, impairment or physical or mental condition which requires either inpatient care or continuing treatment by a health care provider.

The employee may take the leave on a reduced or intermittent basis, but must make all reasonable efforts to schedule the leave at least thirty days in advance when based on foreseeable planned medical treatments.  The employer may demand a certificate from a health care provider verifying that the leave is medically necessary and its expected duration.

While the employee is on leave, the employer is required to continue to maintain the same health benefits for the employee as if the employee has been employed during the leave.  The employee may elect, or the employer may require, that accrued vacation or personal leave provided by the employer be taken as part of the twelve week period of leave.

At the end of the leave, the employee is entitled to resume his or her former job, or a position with equivalent employment benefits, pay and other terms and conditions of employment.