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Family Medical Leave Act

Family Medical Leave ActThe FAMILY MEDICAL LEAVE ACT (FMLA) was signed into law in 1993 to balance needs of employers and employees in circumstances when employees must take extended medical leaves for serious medical conditions, including pregnancy, or to care for family members.

The purpose of the law is to protect employee jobs in these circumstances. It does not necessarily pay the employee during this time, if the employee does not otherwise have paid time off (sick days, vacation, personal days).

ELIGIBLE EMPLOYERS - An employer is covered under FMLA if they employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

ELIGIBLE EMPLOYEES - are those who:

1. Have worked for their covered employer at least a year (not necessarily consecutive), and
2. Have worked at least 1,250 hours during the 12-month period immediately before the leave, and who
3. Work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

All covered employers must provide eligible employees up to 12 weeks of unpaid FMLA leave during any 12 month period. Upon return from FMLA leave, an employee must be restored to his or her original job, or to an "equivalent" job, which means virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using (but not necessarily during) FMLA leave.

 

The AMERICANS WITH DISABILITIES ACT (ADA) of 1990 gives civil rights protections to individuals with disabilities. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all State and local governments, their departments and agencies.

 

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