Fmla Case Study

The FMLA benefits the employer by allowing him or her to excuse his employees for medical conditions or family issues. This benefits both the employer and employee in allowing them to both know that their can be a balance between the workplace and family life. (dol.gov)

This leave entitles employees to a 12 week unpaid leave within a 12 month period. It is 26 weeks for service men and women and their families. There are several components of this law that pertain to the number of employees, location of employees and the amount of time an employee has at their place of employment. Some employers may require you to use any accrued sick time, personal days or vacation time before the unpaid period

FMLA leave is not considered a qualifying event under Cobra. A Cobra qualifying event can occur in an instance when an employer’s obligation to maintain health benefits under FMLA cease. An example of this is when an employee has intent of not returning to work. Further information can be provided by going to your nearest Wage and Hour Office or through the telephone directory under U.S Government and U.S. Department of Labor (Frequently Asked Questions Cobra Continuation Health Coverage).

A growing number of states in the United State required a paid leave in addition to the federal regulations; states legislation requires employees to maintain their employment within certain time frame employment in order to accrue the sick leave hours. Additionally, the state’s regulation mandates that employees will not face any retaliation based on their medical condition

The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007).

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

Employees with legitimate reasons have the right to take leave without any restraint from his or her employer. This means that an employer cannot interfere or deny an employee of family and medical leave if that person meets the criteria. The act grants people several rights. Upon return, these workers should have either the same job position or one that is equivalent to their previous job. The job security aspect of this act is a huge benefit. Workers returning from leave do not have to worry about being replaced or fired for taking the necessary leave. Family and medical leave can be used once each year if necessary. Group health benefits are protected and maintained while on leave as well. If a person has a complaint or wants to file a private lawsuit under the act, he or she can take it up with the local Wage and Hour Division office and does not have to worry about being fired. These matters are handled privately and the Wage and Hour Division Office will work on getting the issue resolved or correcting the violation and mending the damage (Solis).

The FMLA entitles eligible employees the ability to take off up to 12 weeks of unpaid time off within a 12-month period with the benefit of job protection upon returning to the company. The time off is subject to specific criteria that must meet federal guidelines. The website www.dol.gov lists these five leave entitlements.

All of the provisions of the FMLA were successfully met for this particular employee. FMLA allows 12 weeks of unpaid time off.

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

| An employer must provide an employee with his rights under the FMLA and is required to reinstate an eligible employee to the same or similarly equal job with the same benefits and salary upon return.

An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.

A vacation of two weeks after 12 months of service and within the following 10 months or, if the employee has been employed with the same employer longer than 8 years, a vacation of at least three weeks

     The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical

The most popular form of time off is vacation time, this is typically a time that has to be scheduled off in advance and the time allotted is determined based on employee seniority. The amount of vacation an employee may receive is determined by many factors in the company such as the industry, organization size and locale. Companies tend to offer one to two weeks for employees after they have had a position for one year, and once the position has been held for five or more years the employee will receive an additional allotment of scheduled time off. Paid holidays are nationally observed holidays such as New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; an employee would normally get this day off with pay or if asked to work would receive additional compensation for working on the holiday. Sick time is for the unexpected time of illness and is generally something that an employee would have to "call out" for, thus notifying their manager that they will not make it to work for that day. Sick time consists of one week or forty hours and can be scattered through out the year. (Bohlander 479) FMLA or Family Medical Leave of Absence is considered an excused absence in the event there is an illness in the family or a health condition with ones self, and the birth of a child. FMLA is something that is doctor approved and an employee obtains a certain amount of hours to use per year. FMLA can be an option that you are not