Family Medical Leave Act

An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.

In this given situation the Employee’s FMLA right was satisfied when he was granted the leave. The Employee met all requirements to be granted leave because he was with a company that had over 50 employees for over 2 years. The 2 years that customer worked satisfied the requirement of working a total of 12 months before leave can be granted. Also, since the Employee’s leave was for birth care that was a valid reason for asking for the leave.

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

If FMLA leave is being taken for the employee’s own or an eligible family member’s serious health condition, or to care for the serious injury or illness of a covered servicemember, the employee must exhaust sick leave balances first, regardless of whether leave is used consecutively, intermittently or on a reduced schedule. The employee will then be required to exhaust vacation leave and compensatory time balances. After the employee has used all paid leave balances, he/she will be placed in a leave without pay status.

The FMLA stands for Family Medical Leave Act, which “provides up to 12 weeks of unpaid, job-protected leave per year”. When applying for the FMLA, you must have worked for your current employer for at least 12 months. The requirements on those who can apply are those who have worked at least 1,250 hours during the 12 months prior to the leave. These hours don’t include: vacations, holidays, sick days, or other situations. Also, the 1,250 hours should be met prior to the 12-month period before their start of leave (FLMA Eligibility). Then there are the 50 employees within a 75-mile radius, this typically is only required for a private company. However, public companies do not hold the 50-employee rule and most federal employees are eligible

You get the phone call in the middle of the night. Your son or daughter has been in a serious accident and is hospitalized in critical condition. After several day’s they come home from the hospital with several broken bones and require your around the clock attention for the next eight to twelve weeks. You just got over a serious medical condition yourself which you acquired while on vacation and do not have any vacation time or sick time to take off. Do you have to quit your job? Can your employer terminate you for taking time off to be with your child? What options do you have? What can your employer do for you? Well, the answer lies in the Family and Medical Leave Act.

     The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical

According to the Michigan Civil Service Commission (MCSC), “parental leave is a FMLA leave of absence for employees who become parents of newly born, adopted or fostered

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid leave. Military families also qualify, so understand your leave options if you’re the spouse, parent, child, or next of kin to someone who serves in the Armed Forces, including National Guard and Reserves.

The Family and Medical Aid Act (FLMA), of 1993, provides for 12 weeks of unpaid, job protected leave for certain specified events (8). Whilst one could refer to this as maternity or paternity leave if taken because of a pregnancy, this would not be strictly true. Where maternity and paternity leave are offered around the

The Family and Medical Leave Act was first enacted in 1993 by President Bill Clinton. This act was instituted to ensure that those that needed the time off could actually take the time off and still have their job after returning from leave. The FMLA was started with many stipulations, most that many are familiar with. First, FMLA offers up to 12 weeks of unpaid leave that ensures the mother that their job is protected. The law also states that the associate applying for leave must qualify to take advantage of FMLA. If the associate qualifies, this means they work for a covered employer and must meet the following requirements: “Has worked for the employer for at least 12 months; Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave; [A]nd [w]orks at a location where the employer has at least 50 employees within 75 miles” (United States Department of Labor). FMLA also states that this benefit is a

The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).

 Time off is also allowed for childbirth, adoption, and to care for a sick child or family member.

The most popular form of time off is vacation time, this is typically a time that has to be scheduled off in advance and the time allotted is determined based on employee seniority. The amount of vacation an employee may receive is determined by many factors in the company such as the industry, organization size and locale. Companies tend to offer one to two weeks for employees after they have had a position for one year, and once the position has been held for five or more years the employee will receive an additional allotment of scheduled time off. Paid holidays are nationally observed holidays such as New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; an employee would normally get this day off with pay or if asked to work would receive additional compensation for working on the holiday. Sick time is for the unexpected time of illness and is generally something that an employee would have to "call out" for, thus notifying their manager that they will not make it to work for that day. Sick time consists of one week or forty hours and can be scattered through out the year. (Bohlander 479) FMLA or Family Medical Leave of Absence is considered an excused absence in the event there is an illness in the family or a health condition with ones self, and the birth of a child. FMLA is something that is doctor approved and an employee obtains a certain amount of hours to use per year. FMLA can be an option that you are not