Federal Leave Act
The federal Leave Act, also referred to as the Family and Medical Leave Act, preserves an employee's job when the worker needs to take time away in order to take care of family responsibilities and/or for medical reasons.
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When is the Family and Medical Leave Act Applicable?
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Under the federal Family and Medical Leave Act, employers subject to the Act must provide up to 12 weeks of unpaid leave to an employee in certain circumstances. These circumstances include the birth or adoption of a child, to provide care to an immediate family member who is seriously ill or if the employee has a serious illness.
Employer Obligations
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Under the provisions of the federal Family and Medical Leave Act, an employer must leave the employee's position vacant and return the employee to that same position upon the employee's return to work. But if that is not possible, an employer may be permitted to return the employee to an equivalent position with the same rate of pay, the same hours and other conditions of employment. In such an instance, the employer must demonstrate that the employee's former position had to be filled while the employee was away. Additionally, the employer must show that the new job is similarly situated. Finally, the employer must continue to provide medical benefits to the employee. The employee does not have to continue the benefits, but in the event the employee elects to do so, the employee must pay their share of the benefits.
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Employee Eligibility
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Eligible employees under the federal Family and Medical Leave Act include those persons who have worked for the employer for at least 12 months and logged at least 1,250 hours of work. Also, an individual is considered eligible only if the employer employs 50 or more employees within 75 miles of the workplace.
Employee Obligations
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If an event is foreseeable which will require the employee's absence, the employee must provide at least 30 days' notice. Also, an employee may be requested to provide medical certification from his doctor that the medical or family leave is required. Moreover, an employer may require proof that the employee is able to return to work if the leave is based upon the employee's own health issues.
How the Act is Enforced
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The United States Department of Labor is the agency which accepts complaints from employees that an employer may have violated the federal Family and Medical Leave Act. Once a complaint is filed, the department will perform and investigation and determine the next steps, if any, in the matter. Also, an employee may be able to file a civil case against the employer for the employer's failure to adhere to the terms of the Act.
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