Sunday, 23 July 2017

Legislation providing job protected leave to employees

The 1993 United States Federal law known as the Family and Medical Leave Act allows employees covered under this law to take unpaid and job protected leave for a period of 12 weeks for medical and family reasons. Health insurance coverage to the employee is continued during this period with the same terms and conditions. The stated aim of this law is to help employers in balancing their work and family responsibilities and provide equal employment opportunities to both men and women.
FMLA - Family and Medical Leave Act 1993 is applicable to all public agencies, companies with 50 or more employees and all public as well as private elementary and secondary schools.
Reasons covered
Medical and Family reasons for which 12 weeks of unpaid leave each year must be granted are as follows.
·        For the birth and care of a newborn child of an employee within a period of one year.
·        Placement of a child with the employee for adoption or foster care within one year of placement.
·        Taking care of an immediate family member such as parents, spouse or child afflicted with a serious health condition.
·        A serious health condition which renders the employee unfit for work.
Another reason included in the act is “Qualifying Exigencies”. Qualifying exigency arises when the employee’s spouse, son, daughter or a parent is either deployed on active military duty or has been called for active duty. Furthermore, the act also provides for 26 workweeks of leave during a single 12 month period to care for a servicemember who has suffered serious injuries or is very ill provided that the employee is the servicemember’s spouse, son, daughter, parent or next of kin.
Eligibility
The employees must have worked for at least 12 months for their employer clocking at least 1250 hours over the 12 months period in order to be eligible for FMLA Compliance. 

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