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Family Medical Leave Act Training
Family Medical Leave Act 1.0 $35.00
Family Medical Leave Act
The Family and Medical Leave Act (FMLA) was passed in 1993 to address what workers perceived as the untenable choice between caring for their families or keeping their jobs. The FMLA guarantees employees of companies with more than 50 employees up to 12 weeks of unpaid leave annually for certain medical reasons or for the birth or adoption of a child. Generally, employers must maintain insurance coverage for employees who are on FMLA leave and must reinstate them to the same or equivalent job positions when their leave concludes.
Familiarity with the FMLA is important for two reasons. First, knowing the eligibility requirements and reinstatement policies will help your company minimize the disruption caused by employees who must be absent from work for family or medical reasons. Second, failing to abide by the provisions of the FMLA can expose a company to significant legal liability. For example, in 1998 a gas-station owner had to pay $43,000 for failing to reinstate a manager when he returned from leave for heart surgery. That same year, Wal-Mart had to pay an employee more than $19,000 because it violated the FM LA.
The purpose of this program is to provide an overview of the most important provisions of the FMLA and its regulations. The topics covered in the program include —
- An overview of the FMLA
- Which employers and employees are coveredby the provisions of the FMLA
- Leave entitlement
- Defining a "serious health condition"
- Certification of a serious health condition
- Notice requirements
- Continuation of benefits
- Job restoration
Family and Medical Leave Act Dept of Labor
Overview
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
Key News
The Department of Labor's Wage and Hour Division published a Final Rule under the Family and Medical Leave Act. The final rule became effective on January 16, 2009, and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008. It also includes revisions in response to public comments received on the proposed rule issued in February 2008. The Federal Register Notice and related documents are available at Wage and Hour's FMLA Final Rule website. (November 17, 2008).
The President signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181. Among other things, section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA) to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 workweeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness." The NDAA also permits an employee to take FMLA leave for “any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.” By its express terms, this provision of the NDAA is not effective under the Secretary of Labor issues final regulations defining “any qualifying exigency.” Additional information and a copy of Title I of the FMLA, as amended, are available on the FMLA NDAA Web site. (January 28, 2008)
Leave Benefits
Family & Medical Leave
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
- for the birth and care of the newborn child of an employee;
- for placement with the employee of a child for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.
Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.
A final rule effective on January 16, 2009, updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008.
Special rules apply to employees of local education agencies. The Department of Labor administers FMLA; however, the Office of Personnel Management (OPM) administers FMLA for most federal employees
NEWS
Update: Fired police captain is suing West Milford
Thursday, May 7, 2009
NorthJersey.com
Former West Milford police Capt. David Hardin is suing the township for suspending and then firing him, claiming it violated the Family and Medical Leave Act. Hardin, 59, is seeking, among other recourse, reinstatement of his job and benefits, back wages, punitive damages, and attorney and court fees.
The eight-count suit, which also names the Police Department and former township Administrator Richard Kunze, said the defendants retaliated against Hardin for taking family leave, engaged in a conspiracy to deprive Hardin of his employment rights, harassed him, and discriminated against him because of his age.
Background: Police Chief Paul Costello suspended Hardin several times for neglect of duty and chronic and excess absenteeism after Hardin took family leave to care for his ailing father-in-law in 2006. Hardin was working a reduced shift, from 10 a.m. to 3 p.m., according to the suit.
Costello said Hardin used the leave for reasons other than initially given and also went to physical therapy appointments during work hours.
Costello then fired Hardin, effective August 2008, for his "actions or inactions" during a series of bomb threats at the local middle and high schools in September and October 2007. Details were not made public on Hardin's actions during that time.
Hardin has also been fighting the suspensions and termination at the state level and has a hearing scheduled before Administrative Law Judge James Geraghty.
What's next: The township has not yet responded to the suit filed in April, municipal attorney Fred Semrau said Wednesday, adding, "But based on my conversations with labor counsel, the town will vigorously defend it."
Hardin did not return a phone call for comment. He will go before Geraghty on July 1 at 9:30 a.m. in the Administrative Law Office in Newark. The suit does not affect the hearing, said Randye Bloom, a spokeswoman for the law office.
— Barbara Williams
Family Medical Leave act compliance training, FMLA training, family medical leave training, FMLA compliance training
Family Medical Leave act compliance training, FMLA training, family medical leave training, FMLA compliance training
Family Medical Leave Act Training
