Many employees are entitled to take up to 12 weeks unpaid leave time to care for their medical needs or those of a family member, or after the birth or adoption of a child.
2. FEDERAL AND CALIFORNIA LAW
GUARANTEES LEAVE TIME
FOR EMPLOYEES TO:
Get medical treatment
for a serious health
condition
Care for the
medical needs
of relatives
Bond with a newly born
or adopted child, or
with a child placed in
foster care
3. ACCORDING
TO 29 U.S.C.
SECTION
2601(B), THE
PURPOSE OF
THE FAMILY
MEDICAL
LEAVE ACT IS:
01
02
03
To balance the demands of the
workplace with the needs of families,
to promote stability and economic
security of families, and to promote
national interests in preserving family
integrity.
To entitle employees to take
reasonable leave for medical reasons,
for the birth or adoption of a child,
and for the care of a child, spouse,
or parent who has a serious health
condition
To accomplish [these] purposes…
in a manner that accommodates the
legitimate interests of employers.
4. Under the federal Family and
Medical Leave Act (FMLA),
COVERED EMPLOYEES CAN GET
UP TO 12 WEEKS OF UNPAID
LEAVE TIME PER YEAR.
The leave can be taken: All at once Intermittently, as the employee needs it
5. ONLY
CERTAIN
EMPLOYEES
ARE COVERED
UNDER
FMLA AND
ENTITLED TO
LEAVE TIME.
AN EMPLOYEE MUST HAVE:
The law applies only to employers with 50 or
more employees during each of 20 weeks in
the calendar year. Employers with less than
50 employees within a 75-mile radius of the
worksite are exempt.
Worked for an
employer for at
least 12 months
Provided at least
1,250 hours
of service
6. VIOLATIONS OF FMLA CAN HAPPEN
WHEN A NON-EXEMPT EMPLOYER:
n Denies unpaid leave to a covered employee
n Terminates an employee after a serious health
condition
n Terminates an employee who has taken unpaid
leave to care for a sick relative
n Terminates an employee who has taken unpaid
leave following the birth, adoption or taking a
child into foster care
n Changes the role of an employee after the
employee returns to work
7. EMPLOYEES
WHO HAVE
BEEN DENIED
THEIR FMLA
RIGHTS MAY
HAVE A
LEGAL CAUSE
OF ACTION,
AND BE
ENTITLED TO:
Lost wages and benefits
Monetary losses sustained
because of the FMLA
violation
Interest on lost wages and
monetary losses
Attorney fees
Court costs