Tennessee and the FMLA Law
The Family and Medical Leave Act of 1993, or FMLA, was designed to help workers balance family responsibilities with their careers by allowing leave for certain specific family and medical reasons. Leave for military families may also be approved, which is particularly important in Tennessee due to the large populations of active duty military personnel at Fort Campbell in Clarksville and Arnold Air Force Base in Tullahoma. The FMLA bill was originally an initiative of a non-profit women's group, to promote equality in the workplace.
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State Laws in Tennessee
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In addition to the federal FMLA laws, some states have passed laws providing additional leave or benefits to residents. If an employee resides in one of these states, she should receive the greater benefits or leave from the federal or the state law. Tennessee has not enacted any of these laws so the federal FMLA law is the governing law.
Eligibility
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Companies which employ a total of 50 or more employees within a 75-mile radius must offer FMLA leave to their employees. An employee is eligible to take leave if she has worked for the employer for at least 12 months and has worked a minimum of 1,250 hours during the past 12 months.
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Benefits
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Eligible employees are entitled to 12 weeks of leave during any 12-month period without fear of losing their job if they have a baby, adopt or care for a foster child. In addition, these benefits are offered for the care of a spouse, child or parent with a serious health condition, or to treat the employee's own health condition. After 12 weeks, the company must allow the employee to return to the same or an equivalent job, with equivalent pay, responsibilities, benefits and promotional opportunities. Insurance and other group health benefits should be maintained in the same manner during the period of leave as when the employee was present although the employee may be required to pay the company premiums.
Filing a Claim
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If there is a violation of FMLA policy, a complaint must be filed within two years of the violation, unless there is proof that the violation was done willfully. In this case, the statute of limitations is three years. Complaints should first be filed with the employee's local Wage and Hour Division of the Department of Labor. Civil action will include filing a complaint with the Secretary of Labor, who may pursue an independent investigation against the employer.
Remedies
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Back pay is the most common remedy for violations of FMLA. Back pay includes all wages, salary and benefits which were withheld from the employee. In many cases, the court will also award attorney's fees to the employee if it is found that the company was in violation of the law. When an FMLA violation is shown to be intentional, the rewards are much more substantial. They can include liquidated damages--lost wages plus interest--and injunctive relief, such as reinstating the terminated employee.
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References
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