Employee Rights And Responsibilities Under The Family Medical Leave Act

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Beta Technologies Compliance Policy

Employee Rights and Responsibilities under the Family Medical Leave Act
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
• Incapacity due to pregnancy, prenatal medical care or child birth
• To care for employee’s child after birth, or placement for adoption or foster care
• To care for employee’s spouse, son, daughter, or parent, who has a serious health condition
• A serious health condition that makes the employee unable to perform employee’s job

Military Family Leave under FMLA Eligible employees whose spouse, son, daughter, or parent is on covered active leave duty or are called to serve may use their 12
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Use of FMLA leave cannot result in the loss of employment benefits that accrued prior to the start of an employee’s leave.
Eligibility Requirements under FMLA
Employees are eligible if they have worked for the company for at least 12 months, have at least 1,250 hours of service in the previous 12 months and if at least 50 employees live within 75 miles of the employer.
Use of Leave under FMLA An employee does not need to use this leave entitlement in 1 block period. Leave can be taken intermittently or on a reduced schedule leave when medically necessary. Employees must take reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt operations. Leave due to a qualifying necessity may also be taken on an intermittent basis. Returning to work will require a medical release form from the employees Dr. if the leave was taken for a serious health condition.

ERISA
Employee Retirement Income Security Act is a federal law that sets minimum standards for most voluntarily established pension and health plans in a private industry to provide protection for individuals in these plans. (US Dept of Labor, 2016) ERISA requires health plans to provide participants with information including important information about plan features and funding. ERISA provides fiduciary responsibilities, or trustees, for those who control plans. It also requires plans to establish a grievance or appeals process for the employees to get
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