Archive for the ‘FMLA’ Category
November 18th, 2009
By Joseph Devine
When a family welcomes a new baby, it is an exciting and joyful time. However, it can also be exhausting. Thus, both parents may need time off from work to sleep and bond with their baby. Thankfully, the U.S. government has passed legislation that protects the rights of pregnant women, new mothers, and new fathers when it comes to taking time off work for baby-related issues.
First, it is important to know that pregnant women are entitled to discrimination-free workplaces according to the 1978 Pregnancy Discrimination Act. This is an amendment to the Civil Rights Act of 1964 that outlines the anti-discrimination policies regarding race, religion, etc. Basically, employees cannot refuse to hire, fire, or otherwise treat pregnant women in a discriminatory manner based on her condition. Additionally, if an employer learns that a woman is trying to get pregnant, the same anti-discrimination laws apply.
Also, once a woman is pregnant, she may have to take off work due to her condition. If she has to be gone for more than the amount of sick or vacation days allowed, the employer should keep her position open and allow her to take time as a temporarily disabled employee. Work-provided health insurance must provide for a pregnant woman, as well.
Once a baby is due, mothers take time off to recover from the delivery and take care of their new addition. Sometimes, new fathers decide to take time off as well. While some employees offer paid leave for a short time for new parents, all companies are required by law to allow maternity and paternity leave. The Family and Medical Leave Act of 1993 outlines the U.S. Department of Labor’s policies regarding family leave.
The Family and Medical Leave Act (FMLA) allows most employers and eligible employees the chance to take up to 12 work weeks of unpaid leave during a 12-month period for maternity or paternity leave, as well as during adoption, caring for someone with a serious health condition, if you yourself have a serious health condition, as well as responding to the call of duty for a person in the National Guard or Reserves. Also, employers must keep the person’s position open for when he or she returns.
If both the mother and the father work for the same company, they must split the 12 weeks of time. Sometimes, an employee may allow the parents to take turns with their leave time. Additionally, a mother may choose to reduce her schedule to part-time and apply her missed time to the 12 weeks of allowed leave.
New mothers and fathers are legally allowed to take unpaid time for the arrival of a new baby. If your rights as a new parent are not respected by your employee, you may be entitled to financial restitution. For more information regarding discrimination against new parents, you should speak to an employment attorney. To find an employment attorney in your area, check out the Legal City Attorney Search Directory today.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?Maternity-and-Paternity-Leave&id=3164875
October 17th, 2009
By Ryan Coisson
The Family and Medical Leave Act of 1993 (FMLA) literally revolutionized the American workplace by providing unpaid but unpenalized time off for workers who have a family health emergency or who have their own medical conditions requiring leave. Unfortunately, some employers violate FMLA by unfairly dismissing workers who take legal advantage of this right. If you suspect your rights under FMLA have been violated, here is what you should do.
Basic Rights Under FMLA
– Unpaid leave must be granted for: care for newborn child; care for immediate family member suffering from illness; employee must take care of own serious illness that prevents his working.
– You must be allowed to return to your previous or equitable position at equitable pay and benefit levels.
– You may not lose any accrued benefits obtain prior to your leave.
– You must be allowed to remain on any group health benefits during your leave.
What Your Employer May Not Do
– An employer is not allowed to dismiss or discriminate against you for opposing any practice made unlawful by FMLA or for exercising your rights under FMLA.
– An employer may not interfere with or deny an employee’s rights under FMLA.
What to do if you Suspect a FMLA Employer Violation
– Hire an experienced employment attorney to determine if you have a viable case.
– Immediately file a lawsuit with the Department of Labor or do so privately. You should do so within 2 years of the alleged violation.
– If you win your case you may be eligible to receive compensation for any monetary losses suffered.
FMLA is there to protect you and your loved ones: if you suspect your rights have been violated, the smart move is to contact an employment attorney in your area right away.
Rosenberg Law (http://www.rosenberglaw.com/) is a Houston employment lawyer. Ryan Coisson is a freelance writer.
Article Source: http://EzineArticles.com/?expert=Ryan_Coisson
http://EzineArticles.com/?Do-You-Have-a-Case-Against-Your-Employer-Under-FMLA?&id=3021856
