FMLA What does FMLA mean? The family medical leave act assists people seeking medical treatment and rehabilitation services to recover from disorders of behavior and addiction. It is very helpful with the security of your job while you are away and focused on recovery.
The Family and Medical Leave Act (FMLA) offers employees who are eligible with up to 12 workweeks of paid leave a year. The law also requires health benefits to continue when employees are on leave, just like if employees were to work, instead of taking a leave. Employees are also entitled to return to their previous or an equivalent job at the conclusion the FMLA leave. The FMLA also offers specific military family leave entitlements. For instance, eligible employees may take FMLA leave for specified reasons in connection with typical deployments by their family members. In addition, they are able to have up to 26 week of FMLA leave within a 12-month time frame to take care of a covered service member with an illness or injury that is severe.
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In essence it is that the FMLA permits employees with covered employers to be granted unpaid, job-protected time off for medical and family reasons, continuing health insurance coverage for the group under the same conditions and terms as if the employee had not taken leave.
The FMLA only is applicable to employers that meet certain requirements. A covered employer is a:
- Private-Sector Employer with more than 50 employees in 20 or more working weeks during the previous calendar year, including the joint employer, successor or in interest to a covered company.
- Public Agency:Including a local, state, or federal government agency, regardless of the number of employees it has
- Public or Private Elementary and Secondary Schools:Regardless of the number of employees it employs
Only employees who are eligible have the right to leave. An eligible employee is one who:
- Employer covered by a;
- Employer for at the least 12 months.
- Has at least 1,250 hours of service for the employer during the 12 months preceding the date of the leave * and
- is located in an area where the employer has at least fifty workers within 75 miles.
The 12 months of employment don’t need necessarily be in a consecutive order. That means any time that the employee has previously worked for the same company (including seasonal work) can, in the majority of cases, be used to satisfy the requirement of 12 months. But, if the employee is on a break from employment that lasted seven months or more, then the time that was worked prior to the break will not count unless the break is related to the service covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA) or there’s a written agreement, which includes a collective bargaining agreement that outlines the company’s plan to reinstate the employee following the break-in.