December 17, 2018

Understanding FMLA Law And Your Rights

If you want to have a deeper understanding of FMLA law you have clicked on the right link. This article has been put together to allow you to develop a knowledge of you basic rights regarding when you can take leave from you job without being unfairly discriminated against by your employer.

Fmla Law

To start with let’s take a look at the acronym FMLA. These letters refer to the Family and Medical Leave Act. This is a regulation that is on the federal statute books which has been created to ensure that any US employer must grant up to twelve weeks of leave, albeit unpaid, during a twelve month period when a situation arises that dictates such a requirement.

It is an essential part of this law that the employee is allowed to continue with their job after the specific time frame has elapsed without experiencing any problems or prejudice. To be eligible for FMLA law, the employee must have put in a minimum of 1,250 hours and have been employed at the establishment for a year.

There is a clause in the law that dictates that if the place of employment has no more than fifty staff members present, or carrying out their duties within a seventy five miles area, the staff would not be eligible to use the FMLA regulation. There are strict criteria over when FMLA can be used, understand that it is not a law which can be freely initiated for any situation.

It is possible to use the law when a parent needs to care for a newly born child, when an employee of a company is suffering form a medical condition serious enough to impact on their ability to work, also when an individual needs to take care of a family member who is has a serious medical problem, and also it can be used if the employee has adopted a child who then needs special care and attention.

The stipulated amount of time, twelve weeks, does not need to be taken in one go, it is possible to utilize the leave at various points over a twelve month period if the reason for using the act is because of poor health of themselves or a family member. This rule cannot be used if the reason for leave is to take care of a newly born or adopted child.

There is no stipulation that requires the employer to pay any amount of money to the employee during the time they take leave under the FMLA act. Of course there may be the option of using an accrued paid vacation facility though this does not fall under the remit of the FMLA.

If the employer has provided a health insurance plan to the employee they must continue to fulfill their obligations relating to the cover during the time the FMLA leave is taken up., this is an important point if the reason for being absent is down to ill health. Whether healthcare payments can be met for a dependent would depend upon the nature of the insurance policy.
Additional information at: http://www.eeoc.gov/policy/docs/fmlaada.html

Comments

  1. Larry says:

    I requested medical leave from my employer before going out for surgery which was only supposed to last a couple to few weeks. Because of post op complications, my leave had to be extended several times where all necessary documentation was submitted and approved. Right before going on leave, I started attending the local police academy to become a reserve officer. No pay or compensation would be involved, and the academy was free. 4 hours per night. I was told I couldn’t work while out on FMLA and I never did, only attend classes. I was released to full unrestricted duty yesterday 6/21/18 and today, 6/22/18 I was terminated without notice only stating the main reason was I was attending school while out on FMLA. I have been an employee for 12 years and always good evaluations. How is this possible?

  2. Rick Peters says:

    Can an Employer, go back to Employee, after FMLA has been granted and instituted and ask for more information? After I missed two consecutive Friday’s my Employer wants me to go back to my Medical Provider and ask him for more information. They seem to want me to “Predict” when my back flares up and I need to take time off, using FMLA hours.

    Can someone tell me if this is legal r a violation of my FMLA rights?

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