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Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993.
The Family and Medical Leave Act of 1993 (FMLA) is a federal law that requires larger employers to provide employees protected unpaid leave due to serious health conditions that limits the employee??™s ability to perform their job, time to care for a sick family members, or to care for a new child, which includes birth, adoption and/or foster care.
Explain the extent to which an employer can make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act.
Prior to the provision of leave for family or medical reasons was left to the discretion of each individual employer. Unfortunately, many employees would make the request for leave could be or would be denied without explanation and/or just cause. Ultimately, the employees could be fired for taking family and medical leave. When changing jobs, even within the same company, there was not a level of consistency for their requests, as no foundation was set to follow as a guideline. Few employers who had formal leave policies, which they applied uniformly to their workforces while many others had informal policies and the granting of leave was dependent on the circumstances presented or personal interpretations attached.
For employees to qualify for FMLA benefits, a employee must work for a business with fifty or more employees within seventy-five miles of their worksite, or a public agency; however, the fifty employee threshold does not apply to public agencies or local educational agencies. They must also have been employed with the business for at least 12 months and this does not have to be consecutive or 1,250 hours within the last 12 months.
Moreover, the FMLA mandates unpaid, job-protected leave for up to 12 weeks a year for the care of a new child, regardless if for the birth or the adoption/placement of a child within foster care; to care for a seriously-ill family member; recovery from a serious illness; care for an injured service member in the family; or address qualifying exigencies arising out of a family member??™s deployment.
FMLA further requires employers to provide for eligible workers the restoration to the same position upon the return to work. When the same position is not available, the employer legally must provide the worker with a position that is substantially equal in pay, benefits, and responsibility. Also, the employee is entitled to the reinstatement of all benefits, which they were entitled to prior to going on the leave. Lastly, protection to not have the rights under the Act interfered with or denied by an employer and protection from retaliation.
The federal FMLA does not apply to workers in businesses that have fewer than 50 employees, part-time workers who have worked less than 1,250 hours within the 12 months preceding the leave and a paid vacation, workers who need time off to care for seriously ill elderly relatives or pets, workers who need time off to recover from short-term or common illness like a cold, or to care for a family member with a short-term illness, and workers who need time off for routine medical care, such as check-ups.
There are millions of workers that have benefited from the federal Family and Medical Leave Act (FMLA) since it becoming the law in 1993. However, the effectiveness is constrained by its limited coverage and because millions of workers cannot afford to take leave without pay. The act only partially addresses workers??™ growing need for more flexibility to take leave from work during times of family and medical need.
Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent.
The FMLA Act does not have provisions that separate any one person lifetime concerns. The Act provides an allowance for the employee to care for their parent in circumstances that warrants the assistance. The employee must only be eligible for leave. They must me the requirements of working for their employer at least twelve months and at least 1,250 hours over the past twelve months, and in addition work at a location where the company employs fifty or more employees within seventy-five miles.
Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA.
Tony??™s eligibility will be affected based on the size of the car dealership and if there are over fifty employees within a seventy-five mile radius of the his location.
Explain whether Herman can or cannot imply that if Tony takes a leave of absence under the FMLA, he may not have a job when he returns.
The FMLA Act protects the rights of the employee to return to work without retaliation or recourse. An employee who returns from FMLA leave is entitled to be restored to the same or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. The employee is also entitled to, accrue additional benefits during periods of unpaid FMLA leave. However, the employer must return them to employment with the same benefits at the same levels as existed when leave began.