FMLA-With Audio

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Family and Medical Leave Act (FMLA) Gabriela Rosas, VP of Human Resources

description

Family Medical and Leave Act

Transcript of FMLA-With Audio

  • 1. OverviewWhos covered and WhyHow it Works: Entitlements and RequirementsEmployee Rights to Know!Additional Assistance

2. Whos Covered and WhyBalance between family and workPromote stability and economic securityApplies to private and public working sectorPrivate must have 50 or more employees working eachday for 20 calendar weeks/ year 3. Whos Covered and WhyTo be eligible:Be employed by a covered employer and work at a worksitewithin 75 miles of which that employer employs at least 50people;Have worked at least 12 months (which do not have to beconsecutive) for the employer; andHave worked at least 1,250 hours during the 12 monthsimmediately before the date FMLA leave begins. 4. Exceptions!An employer need not count employment prior to abreak in service of seven years or more unless therewas a written agreement between the employer andemployee (including a collective bargainingagreement) to rehire the employee, or the break inservice was due to fulfillment of military service in theNational Guard or Reserves. 5. How it Works: Entitlements andRequirementsTwelve workweeks of leave in any 12-month period for:Birth and care of the employee's child, within one year ofbirthPlacement with the employee of a child for adoption or fostercare, within one year of the placementCare of an immediate family member (spouse, child, parent)who has a serious health conditionContinued. 6. How it Works: Entitlementsand RequirementsFor the employee's own serious health condition that makes theemployee unable to perform the essential functions of his or her jobAny qualifying exigency arising out of the fact that the employeesspouse, son, daughter, or parent is on active duty or has been notifiedof an impending call or order to active duty in the U.S. National Guardor Reserves in support of a contingency operationTwenty-six workweeks of leave during a single 12-month period to carefor a covered servicemember with a serious injury or illness if theemployee is the spouse, son, daughter, parent, or next of kin of theservicemember (Military Caregiver Leave) 7. How it Works: Entitlementsand RequirementsFor any foreseeable leave employee must provide 30 days noticeFor unforeseeable leave employee must submit as soon as possibleLeave may be take intermittently during 12 month periodPending employer approvalNot needed for medically necessary events (pregnancy or serious illness)Employer may require proper documentation for leave approval as wellas for return to work (if own health) 8. Employee RightsAll covered employees are entitled and should feel no stressto take FMLASame or equivilant position must be given back to employeeIf employees feel unfair treatment they may file with theWage and Hour Division office near themTo read more please visit http://www.dol.gov/whd/america2.htm 9. Additional AssistanceFor further assistance or details please visit the following: Compliance Assistance: 1-866-4USWAGE (1-866-487-9243) Family and Medical Act Advisor FMLA Fact Sheet FMLA for Military Members FMLA Compliance Guide 10. OverviewWhos covered and WhyHow it Works: Entitlements and RequirementsEmployee Rights to Know!Additional Assistance