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FMLA
Family Medical Leave Act
Under the Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C.S. § 2611-2654, certain employees are guaranteed up to twelve weeks of unpaid leave per year in order to attend to personal medical problems or medical problems experienced by certain eligible members of their family. In order to be an eligible employee under qualify under § 2611, an employee must have worked for at least 12 months for and provided 1,250 hours of service for his employer. (29 U.S.C.S. § 2611(2)(A)). In addition, under 29 U.S.C.S. § 2611(2)(B)(ii), employees working at a worksite at which his or her employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50. An employee who does not meet the requirements of the FMLA is not required to medical leave under the act.
An interesting situation arises when an employer promises to give FMLA leave to all employees who conditions less than those required...
For example, if a company's employee handbook provides that all employees who have worked 1250 hours in the preceding 12 months are entitled to FMLA leave, and that employer later declines to give leave to an employee that is ineligible under the FMLA, does that employee had a cause of action against the employer? In order to determine that question, one must look to the applicable state employment contract law.
In Inscho v. Exide Corporation, 2001 Kan. App. LEXIS 1000, the Kansas Court of Appeals was called up to decide if an implied contract existed between an employee and an employer. The employee contended that an implied contract existed because of her receipt of an employee handbook from her employer. However, when the employee received the handbook from the employer, she signed a receipt specifically acknowledging that it was not a contract. Furthermore, in Inscho, there was no question that the employee had violated the employer's written code of conduct, which would have given them…
Works Cited
Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C.S. § 2611-2654.
Inscho v. Exide Corporation, 2001 Kan. App. LEXIS 1000.
Stover v. Superior Industries International, Inc., 2000 Kan. App. LEXIS 1393.
Wilkinson v. Shoney's Inc., 2000 Kan. LEXIS 388.
Family Medical Leave Act gives the right to eligible employees to get unpaid and job protected leave from their employers for their family and medical reasons. According to FMLA if employees are eligible then they can take 12 workweeks leaves in a year. Employees take these leave if they are facing serious health problems. Under this Act employers are required to give unpaid leave to employees for family and medical
One reason for the lack of impact, according to the study, is that few employees can afford to take advantage of the law's unpaid leave provisions ("Family Leave Act has little impact," 1994, p. 4) Not only do employers have to now contend with making sure they are following all of the regulations and rules under the FMLA, they too must deal with the increased number of court cases evident
" The same trend is occurring in the public sector though not as quickly and not on such a wide scale. Currently there are just under 300 colleges, 150 city and county governments and 13 state governments offering their employees domestic partner benefits that are equal to the benefits provided to their married employees. One of the benefits of including domestic partners in company benefit packages is that it helps to boost
FMLA Summary The author of this report has been asked to do a summary and review of what has come to be known as FMLA, which is short for the Family Medical Leave Act. Within this report there will be a review and summary of the relevant employment law. There will then be a construction of an overview of the law that includes a rationale for said law, who is affected
The already-begun and ongoing retirement of the so-called "Baby Boomer" generation already has many employers worried concerning the size and effectiveness of the workforce, and appropriate use of the Family Medical Leave Act is essential to ensure that the United States still has a large and energetic pool of workers available for employers (Brown 2005; Holmes 2008). The most obvious constraints on employees seeking leave under the Family Medical Leave
Family Medical Leave Act Before the Family and Medical Leave Act (FMLA) was signed into law in 1993, the United States was among the few industrialized nations with no such legislation in place. Employees had to make do with piecemeal legislation, such as the Pregnancy Discrimination Act or with leaves won through union contracts or policies with more enlightened employers. The FMLA, however, was a controversial piece of legislation. On one side, employers