The Family and Medical Leave Act: Case Studies

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Situation A The Family and Medical Leave Act (FMLA) was signed into law by President Bill Clinton on February 5th in 1993. The law aims to help create and foster a healthy balance between work and family life among American workers. Specifically, the law grants eligible workers job protection and 12 weeks of unpaid leave per year, from their employer for certain family or medical reasons. According to the US Department of Labor, the law is a mandate for all public agencies and private business that employ over 50 workers within 75 miles of the employer (2010). To be eligible for FMLA, employees must have worked for over the employer for a total of 12 months (consecutive or non-consecutive) and must have worked for over 1250 hours for the employer in the last 12 months. Employees not meeting those requirements are not eligible for FMLA. The act covers medical and family issues such as births, adoptions, foster care placements, long or short term disability and military deployments. Employee A has worked for the company for over two years and was granted FMLA coverage during an 11 week unpaid leave due to the birth of his premature twins. He has requested to end his leave and come back to work. The employee has also requested paid compensation for the 11 weeks in which he was on leave. His request to be reinstated and his original rate of pay have been approved, but the request for back pay has been denied. The employee is well within the scope of eligibility for FMLA
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