The Family and Medical Leave Act (FMLA) is gives certain employees the right to take time off for in order to tend to health problems or take care of another. An employee must be eligible before the FMLA is triggered. The law is federal, and thus applies to many companies. Unfortunately, these companies may not fully understand the workings of the FMLA.
Often times the FMLA is accidentally triggered. Still, a violation is a violation, and should be handled accordingly.
The first step in determining whether the FMLA is triggered is determining whether the employer is required to submit to the FMLA. Pursuant to the law, only employers of 50 or more individuals are required to abide by the regulations set forth in the FMLA.
The next step is determining whether or not the employee is eligible. Some basic requirements include:
Moreover, employees can only take leave for certain reasons. Some reasons include:
There are several things employers do that can expose employers to legal action.
FMLA issues can be complex and difficult to navigate. The experience of an employment law attorney can help you determine if you suffered a violation, or if you are an employer, have violated the law. Your lawyer can explain your rights and responsibilities, and help you proceed accordingly.
Last Modified: 01-24-2017 12:30 PM PSTLaw Library Disclaimer
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