Ch 30 - Employment Law - Skillsbrief

Front 1

employer obligation

Back 1

Employer obligation entails that a company meet certain requirements before providing coverage to employees. FMLA applies to all state and federal agencies, including schools, and to private-sector companies that have a staff of fifty or more employees, have workers working at least 20 hours per year, and are engaged in commerce or any related industry.

Front 2

employee eligibility for benefits

Back 2

To be eligible, an employee must have worked for a total of 12 months, 1,250 hours in the previous 12 months, and at a location in the U.S. or in any territory or possession of the U.S. where at least 50 employees are employed.

Front 3

entitlement to leave

Back 3

An employee must have a valid reason for taking leave. According to FMLA, valid reasons for leave-taking include the birth of a child, placement of a child for adoption or foster care, a serious health condition, or to act as a health care provider for a seriously ill immediate family member.

Front 4

entitlement to leave

Back 4

Leave for birth or care of an employee's newborn child must conclude within 12 months of the birth. Leave for placement for adoption or foster care must conclude within 12 months of the placement. Spouses working for the same employer are eligible for a combined total of 12 weeks of leave.

Front 5

entitlement to leave

Back 5

Immediate family members include parents, a spouse, or children. The terms "serious health condition" and "health care provider" have a specific definition according to the FMLA. For more detailed information, you should consult your organization's legal counsel.

Front 6

maintenance to health benefits during leave

Back 6

An employer is required to continue group health insurance coverage, including family coverage, for an employee on FMLA leave. If necessary, arrangements can be made for the employee to pay a share of health insurance premiums while on leave.
In some circumstances, the employer may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave.

Front 7

job restoration after leave

Back 7

Job restoration occurs upon return from leave. Employees must be restored to their original jobs or to "equivalent" jobs with identical pay, benefits, and other terms and conditions

Front 8

notice and certification of the need for FMLA leave

Back 8

Employers must inform employees of their rights and responsibilities under FMLA. Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA. An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense. An employer may request the employee to provide medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member. The employer may also request second or third medical opinions, periodic re-certification and periodic reports regarding the employee's status and intent to return to work.

Front 9

protection for employees who request to take an FMLA leave

Back 9

It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA. Plus, a company cannot discharge or discriminate against any employee for opposing a company practice or because of involvement in any proceeding related to FMLA.

Front 10

Conclusion:

Back 10

The welfare of employees is a manager's responsibility. By adhering to FMLA regulations, a manager not only protects his employee's rights, but also builds a supportive and caring work environment for everyone.