The Family and Medical Leave Act was originally passed in 1993, providing American workers with the right to take time off of work in order to address serious health concerns, be there for family members in their times of need, or be present for the birth of a child. As a result of the law, millions of Americans are granted unpaid leave of their job with full protection of their position at work upon their return. However, there are several exceptions to the law, providing employees who leave no such legal protection of their job status.

There are certain thresholds in place to protect small businesses that cannot handle the strain of losing an employee for a maximum of 12 weeks out of a year. This law does not affect employers who have fewer than 50 employees. However, there are certain exemptions to this employee threshold, namely in terms of educators and workers in public agencies.

Other workers considered non-eligible include part-time workers who have clocked in fewer than 1,250 hours while working in over the year prior to time off. This does require a part-time worker to, at the very least, work for a particular employer for at least one year before he or she may benefit from the Family and Medical Leave Act.

In addition to these exceptions to the law, there are some less well-defined situations that may make a worker non-eligible for protected time away from work. Particularly, workers who tend to their pets are not granted job protection. If an ailment is short-term, relatively common, and does not drastically damage a person’s health, they may not be permitted these protections. Also, if a routine visit to physician is scheduled during work hours, an employer does not need to honor the Family Medical Leave Act.

For more information regarding what is and what is not allowed under this law, contact an employment lawyer.

To discuss the deals of your case with a legal advisor, contact the Houston employment attorneys of the Ross Law Group today.

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By M. Stamp

The Family Medical Leave Act (the “FMLA”), passed by Congress and signed by the President in 1993, was the first national family and medical leave legislation in the United States. Prior to the enactment of the FMLA, employees may have had access to medical leave as the result of collective-bargaining agreements, employer policies, or state statutes, but such coverage was typically not as broad as coverage provided under the FMLA. Moreover, a large number of U.S. citizens completely lacked the ability to obtain medical leave prior to the enactment of the FMLA.

The FMLA requires certain employers with 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave per year to eligible employees who experience particular family or medical difficulties. For example, an employee who has a serious health condition may be entitled to obtain unpaid leave without having to worry about being fired. After returning to work the employee must be placed back in the same or equivalent position.

Employers are prohibited from interfering with, or denying, an employee’s right to take leave under the FMLA. Indeed, violations of the FMLA by an employer come with heavy consequences. Either an affected employee or the Department of Labor may be bring a lawsuit against the employer to recover damages equal to the value of any wages, salary, or benefits denied or lost to the employee because of the violation. Alternatively, if no wages, salary, or benefits were lost or denied to the employee, the employer may be liable for the employee’s expenses that occurred as a result of the violation, such as the cost of providing care, up to a limit of 12 weeks of wages or salary.

The damages recoverable by an employee or the Department of Labor under the FMLA may be further increased under the statute’s liquidated damages provision, which provides an additional amount of damages equal to the base amount of damages. This effectively doubles the employer’s potential liability. However, if the employer is able to satisfy a court that the FMLA violation was in good faith and that the employer had a reasonable basis for believing that it was not violating the FMLA, the court may disallow liquidated damages.

It is important to note that the federal regulations, agency interpretations, and court opinions construing FMLA leave are numerous and complex. The above summary of the FMLA cannot possibly address all the nuances of the law. If you have any question about whether an employee is entitled to FMLA leave in any particular instance, contact an attorney who practices employment law.

The information provided in this article does not create or constitute an attorney-client relationship, is not intended to convey or constitute legal advice, and is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.

For more valuable information about employment law issues faced by businesses and professionals, please visit the Business Litigation Update.

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http://EzineArticles.com/?Family-Medical-Leave-Act—What-is-it-All-About?&id=4812939

By M. Stamp

The Family Medical Leave Act, often referred to as the FMLA, guarantees that eligible employees will be able to obtain leave upon the occurrence of certain triggering events. To be eligible to take FMLA leave, an employee must work for a covered employer, work 1,250 hours during the 12 months prior to the start of leave, work at a location where 50 or more employees work at that location or within 75 miles of it, and have worked for the employer for 12 months.

Provided that the employee is eligible, the right to leave is triggered by one of the following events:

Birth of a child. If a child is born to the employee and the employee requests leave to care for the child, the employee may use FMLA leave. A mother is entitled to up to 12 weeks of leave for the birth of a child, prenatal care, incapacity related to pregnancy, or for her own serious health condition following the birth of a child. A father may use leave for the birth of a child and to care for his spouse who is incapacitated as a result of pregnancy or child birth.

Adoption or foster care of a child. As with the birth of a child, an employee is entitled to leave when a child is placed with the employee for adoption or foster care.

A close relative has a serious health condition. An employee may take FMLA leave when a spouse, child, or parent of the employee has a serious health condition. A “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

The employee has a serious health condition. A serious health condition makes the employee unable to work may trigger the right to take FMLA leave. The serious health condition need not render the employee completely unable to work, but need only make the employee unable to perform the specific duties of his or her position.

Active duty in the military. If there is a qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is on active duty (or about to be called to active duty) in the military, the employee may be entitled to take leave. Qualifying exigencies are determined by Department of Labor regulation and include such circumstances as military events, short-notice deployment, or child care and school activities.

It is important to note that the federal regulations, agency interpretations, and court opinions construing FMLA leave are numerous and complex. The above summary of the FMLA cannot possibly address all the nuances of the law. If you have any question about whether an employee is entitled to FMLA leave in any particular instance, contact an attorney who practices employment law.

The information provided in this article does not create or constitute an attorney-client relationship, is not intended to convey or constitute legal advice, and is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.

For more valuable information about employment law issues faced by businesses and professionals, please visit the Business Litigation Update.

Article Source: http://EzineArticles.com/?expert=M._Stamp
http://EzineArticles.com/?Family-Medical-Leave-Act—When-May-an-Employee-Take-Leave?&id=4812502

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

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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.

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