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Does anyone know about the FMLA? I mean more than just the basics and that could simplify it for me? I am in need of some information due to my job violating my rights to take it.

2006-10-09 02:50:35 · 4 answers · asked by BONNI 5 in Politics & Government Law & Ethics

4 answers

What do you need to know?
IM me

2006-10-09 02:54:25 · answer #1 · answered by Anarchy99 7 · 0 0

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

• for the birth and care of the newborn child of an employee;

• for placement with the employee of a child for adoption or foster care;

• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

• to take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

Special rules apply to employees of local education agencies. The Department of Labor administers FMLA; however, the Office of Personnel Management (OPM) administers FMLA for most federal employees.

2006-10-09 09:54:41 · answer #2 · answered by Robert 5 · 0 0

no...be care full...
We are coming to hard times soon...
People will loose jobs in the US..
It could make 55% of people poor and unemployed in the US... within 2 to 3 Years...
Continue to search for employment even if you have a Job....

2006-10-09 09:56:44 · answer #3 · answered by skystriker65 3 · 0 0

Here is what the law says :

COMMERCE.--The terms "commerce" and "industry or activity affecting commerce" mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).
(2) ELIGIBLE EMPLOYEE.--
(A) IN GENERAL.--The term "eligible employee" means an employee who has been employed
(i) for at least 12 months by the employer with respect to whom leave is requested under section 102; and
(ii) for at least 1,250 hours of service with such employer during the previous 12-month period.
(B) EXCLUSIONS.--The term "eligible employee" does not include
(i) any Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (as added by title II of this Act); or
(ii) any employee of an employer who is employed at a worksite at which such employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50.
(C) DETERMINATION.--For purposes of determining whether an employee meets the hours of service requirement specified in subparagraph
(A)(ii), the legal standards established under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall apply.
(3) EMPLOY; EMPLOYEE; STATE.--The terms "employ", "employee", and "State" have the same meanings given such terms in subsections (c), (e), and (g) of section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(c), (e), and (g)).
(4) EMPLOYER.--
(A) IN GENERAL.--The term "employer"
(i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year;
(ii) includes--
(I) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and
(II) any successor in interest of an employer; and
(iii) includes any "public agency", as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)).
(B) PUBLIC AGENCY.--For purposes of subparagraph (A)(iii), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.
(5) EMPLOYMENT BENEFITS.--The term "employment benefits" means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan", as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).
(6) HEALTH CARE PROVIDER.--The term "health care provider" means--
(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or
(B) any other person determined by the Secretary to be capable of providing health care services.
(7) PARENT.--The term "parent" means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter.
(8) PERSON.--The term "person" has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)).
(9) REDUCED LEAVE SCHEDULE.--The term "reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
(10) SECRETARY.--The term "Secretary" means the Secretary of Labor.
(11) SERIOUS HEALTH CONDITION. The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves
(A) inpatient care in a hospital, hospice, or residential medical care facility; or
(B) continuing treatment by a health care provider.
(12) SON OR DAUGHTER.--The term "son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is--
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-care because of a mental or physical disability.
(13) SPOUSE.--The term "spouse" means a husband or wife, as the case may be.

2006-10-09 10:11:47 · answer #4 · answered by miamac49616 4 · 0 0

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