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The
Family Medical Leave Act
Feb
27, 2006
Author: Tom Perkins - Business Solutions Coach and Certified
Personal Trainer
After more than 13 years
since passage of the Family and Medical Leave Act (FMLA),
employers are still asking questions about workers' rights
under FMLA and how to effectively implement the law.
We have provided a concise overview to the current law
and what employers effected by the law should know.
What is the Family Medical
Leave Act?
The Family and Medical
Leave Act is a federal law which provides certain employees
with up to 12 workweeks of unpaid, job-protected leave a year
and requires group health benefits be maintained during the
leave period.
Are All Employers Required
to Following FMLA?
No. Only public employers and private employers who have 50 or more
employees who have been on the payroll for 20 or more weeks in
a calendar year are required to provide FMLA leave.
Do All Employees Qualify
for the Leave?
No. All employees of a qualifying organization may not be
eligible for FMLA. To
be eligible, an employee must have worked for the employer:
-
A
minimum of one year;
-
A
minimum of 1,250 hours (an average of 25 hours per week)
during the 12 months prior to the start of the FMLA leave;
and
-
are
employed at a location where at least 50 employees are
working at the location within a 75-mile radius
For What Reasons is Leave
Granted?
An employer must grant an
eligible employee up to a total of 12 workweeks of unpaid
leave in a 12-month period for one or more of the following
reasons:
-
The
birth and care of a newborn child (an employee's
entitlement to family and medical leave for the birth or
placement of a child expires 12 months after the birth or
placement of the child),
-
The
placement with the employee of a child for adoption or
foster care and to care for the newly placed child;
-
Care
for an immediate family member (spouse, child or parent
— but not a parent "in-law") with a serious
health condition; and
-
When
the employee is unable to work because of a serious health
condition. (See the DOL website for a definition of a
"serious health condition.")
Other Important Things to
Know?
-
An
employer must give an employee requesting FMLA written
notice, within two business days, if they are not eligible
for FMLA. If
the employer does not respond within two business days,
the employee will be eligible to take the leave.
-
Once
the leave has been granted or the employee is provided
with approval notice, the employer cannot alter the leave.
-
The
employer can ask the employee to provide a medical
certification from a health care provider that
substantiates the need to use FMLA. FMLA can be delayed
until the certification has been received. In addition,
the employer can ask for the employee to provide a
fitness-for-duty certification prior to returning to work.
-
If
you are located in a state which also provides family and
medical leave rights superior to the federal FMLA, the
state law applies. If
the federal law provides superior rights, then the federal
law applies.
FMLA is a complex law full
of several caveats and special provisions.
It is unique in that it creates a foundation of family
and medical leave benefits for eligible workers, but does not
set any defining limitations.
As an employer, it is imperative that you understand
this directive and its requirements for implementations.
For a comprehensive look
at the law, go to the Department of Labor website (www.dol.gov)
and select “Family & Medical Leave” from the side
toolbar.
Tom
Perkins is a business solutions coach and certified personal
trainer who leads fitness professionals to profitability.
Send
an email to thecoach1-140208@autocontactor.com
to receive the Essential Fitness Business Success Checklist.
Or visit his website at http://www.fitnessindustrysolutions.com
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