What is the Family Medical Leave Act and who qualifies?
The Family Medical Leave Act (“FMLA”) was enacted to protect the jobs of employees in need of time off from work to assist family members. More specifically, it gives employees the right to take up to 12 weeks of unpaid, job protected leave in any 12 month period to care for a newborn or newly adopted child or a seriously ill parent, child or spouse. The employer must hold the employee’s job or provide a similar job upon his/her return, continue group health benefits, and continue the accrued benefits earned by the employee prior to the leave (e.g., vacation time, seniority).
To qualify, the employee must work for an employer that has 50 or more employees, and the employee must have worked for the employer for at least 12 months and 1,250 hours in the year preceding the leave.
What are the 2009 changes and how do they apply?
On January 16, 2009, (more…)