Demystfying+the+FMLA


 * Demystifying the FMLA

FMLA Basics ** This information is found on the Department of Labor's (DOL)  [|website] What is covered? ** The FMLA is short for the Federal Medical Leave Act. According to the Department of Labor's (DOL) website, employees are eligible for 12 weeks of unpaid leave for during any 12 month period for any of the following reasons: 
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 * Birth and care of a newborn child
 * Placement with the employee of a son or daughter for adoption or foster care
 * Care for an immediate family member (spouse, child, parent) with a serious health condition
 * Take medical leave when the employee is unable to work because of a serious health condition
 * The FMLA also permits leave for employees who need to take leave from work to care for spouse, son, daughter, parent or next of kin <span style="font-family: 'Comic Sans MS',cursive; font-size: 121%;"> <span style="font-family: 'Comic Sans MS',cursive; font-size: 110%;">to take up to 26 workweeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness."

<span style="font-family: 'Comic Sans MS',cursive; font-size: 120%;">Employees are eligible to take FMLA as long as they meet the following requirements: 1. Employed for 12 months by the employer.
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 120%;">Eligibility **

2. Worked at least 1,250 hours for the employer during the past 12 months.

3. Work for an employee that employs 50+ employees within a 75 mile radius of the work site. According to fmlaonline.com, there is a caveat to this. If both employees work at the same place of employment, both are eligible for a combined amount of 12 weeks.

4. Employees must give at least 30 days notice if they are wanting to file for FMLA, the only way to circumvent this is if there is a difficult pregnancy and the doctor requires the female to take leave earlier than expected.

<span style="font-family: 'Comic Sans MS',cursive; font-size: 121%;">Unfortunately, the FMLA does not guarantee the employee who takes leave to be paid. Some professional literature such as, Wisensale’s article “Two Steps Forward, One Step Back: The Family Medical Leave Act as a Retrenchment Policy” in the //Review of Policy Research// views the FMLA policy as a retrenchment policy, which means that the Act was a major step forward in protecting jobs of those with families as well as making steps forward in making the Act paid leave. However, he states society is changing and how to change the policy from one that is viewed as being a retrenchment to one that is not. In his conclusion, he recommends ways to expand and improve the current Act. However, according to the DOL, an employee may take any time that has accrued such as vacation, sick and personal time to protect their wallet and still get paid by their employer. <span style="font-family: 'Comic Sans MS',cursive; font-size: 110%;">
 * <span style="font-family: 'Comic Sans MS',cursive; font-size: 120%;">What is not covered? **

<span style="font-family: 'Comic Sans MS',cursive; font-size: 121%;">Even though pregnancy is not specifically covered regarding the basics for FMLA, it will be covered in the Definitions section. <span style="font-family: 'Comic Sans MS',cursive;">

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