The Family Medical and Leave Act
FMLA
What
is FMLA?
The Family Medical and Leave Act or FMLA was created in 1993 to guarantee employees the right to take extended medical leaves under specific circumstances. While the position does guarantee that employees’ positions are safe while they take their leave it does not guarantee that these leaves will be paid. This leave is only available under certain, specific circumstances which are deemed very serious and is not applicable to all situations. A New Jersey Employment law attorney should be able to help a potentially eligible employee to determine whether he or she is eligible or not. Employers with less than 50 employees are not subject to this act and not all types of employees are eligible to receive it.
FMLA allows employees to take extended, unpaid leave of absence for specific medical or family related reasons. While an employee is on leave his or her job is protected and any group health care benefits he or she receives remain the same. Employers are not required to pay employees for the time they are on leave. Any employee who is eligible for this leave may take up to 12 weeks of leave during a 12-month period. These 12 weeks are generally not required to be all in one chunk and may often be used in smaller chunks, as is necessary for the required medical care.
What are some reasons for FMLA?
There are many reasons that people may need to take this kind of leave of absence from work. The Family Medical and Leave Act was created so that employees who need to take a leave of absence from their positions due to unforeseen medical situations don’t lose their jobs. FMLA leave may be taken for the birth or care of a child during the child’s first year and may also be taken for foster parents who have adopted a child. FMLA leave is also available to employees who are taking care of spouse or family members who needs medical care or who need medical care themselves. FMLA leave covers employees who have family in the military on active duty if a medical situation should happen to arise.
Who is Eligible for FMLA?
Employees who have worked for a covered employer for a minimum of 12 months are generally eligible for FMLA leave. These 12 months do not have to be consecutive but employees must have worked for at least 120 hours during the 12 months prior to their leave. Employees seeking FMLA leave must also work for an employer that employs at least 50 employees.
Employee Requirements
In order to receive FMLA leave employees are often required to present some sort of proof from a medical professional that time off of work is necessary for treatment or to help care for someone who is undergoing treatment. Employers are not required to pay employees on FMLA leave but employees may be able to collect any paid time off that they have accrued. These employees may also be eligible for long term disability insurance depending on the specific circumstances. Employers may also require an employee to use some or all of their paid time off while on FMLA leave.
Returning to Work
Upon returning to work, an employee who has been on FMLA leave is entitled to return to the position they held before going on leave or a similar one with the same pay and benefits. Employers are forbidden from punishing an employee or stripping them of any salary or other benefits under FMLA. This protection was created to allow employees who need extended time off to be able to take it without risking losing their jobs.
The Family Medical and Leave Act or FMLA was created in 1993 to guarantee employees the right to take extended medical leaves under specific circumstances. While the position does guarantee that employees’ positions are safe while they take their leave it does not guarantee that these leaves will be paid. This leave is only available under certain, specific circumstances which are deemed very serious and is not applicable to all situations. A New Jersey Employment law attorney should be able to help a potentially eligible employee to determine whether he or she is eligible or not. Employers with less than 50 employees are not subject to this act and not all types of employees are eligible to receive it.
FMLA allows employees to take extended, unpaid leave of absence for specific medical or family related reasons. While an employee is on leave his or her job is protected and any group health care benefits he or she receives remain the same. Employers are not required to pay employees for the time they are on leave. Any employee who is eligible for this leave may take up to 12 weeks of leave during a 12-month period. These 12 weeks are generally not required to be all in one chunk and may often be used in smaller chunks, as is necessary for the required medical care.
What are some reasons for FMLA?
There are many reasons that people may need to take this kind of leave of absence from work. The Family Medical and Leave Act was created so that employees who need to take a leave of absence from their positions due to unforeseen medical situations don’t lose their jobs. FMLA leave may be taken for the birth or care of a child during the child’s first year and may also be taken for foster parents who have adopted a child. FMLA leave is also available to employees who are taking care of spouse or family members who needs medical care or who need medical care themselves. FMLA leave covers employees who have family in the military on active duty if a medical situation should happen to arise.
Who is Eligible for FMLA?
Employees who have worked for a covered employer for a minimum of 12 months are generally eligible for FMLA leave. These 12 months do not have to be consecutive but employees must have worked for at least 120 hours during the 12 months prior to their leave. Employees seeking FMLA leave must also work for an employer that employs at least 50 employees.
Employee Requirements
In order to receive FMLA leave employees are often required to present some sort of proof from a medical professional that time off of work is necessary for treatment or to help care for someone who is undergoing treatment. Employers are not required to pay employees on FMLA leave but employees may be able to collect any paid time off that they have accrued. These employees may also be eligible for long term disability insurance depending on the specific circumstances. Employers may also require an employee to use some or all of their paid time off while on FMLA leave.
Returning to Work
Upon returning to work, an employee who has been on FMLA leave is entitled to return to the position they held before going on leave or a similar one with the same pay and benefits. Employers are forbidden from punishing an employee or stripping them of any salary or other benefits under FMLA. This protection was created to allow employees who need extended time off to be able to take it without risking losing their jobs.