What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 to protect employees from losing their jobs due to taking time off for certain qualifying reasons. The act guarantees job protection for up to 12 weeks of unpaid leave for a variety of reasons such as family and medical leave. FMLA is designed to provide workers with job security when they may need to take time off for certain events or illnesses.
What are the Qualifying Reasons for FMLA Leave?
The FMLA provides job protection for any employee who needs to take up to 12 weeks of unpaid leave for certain qualifying reasons. Qualifying reasons include:
- The birth and care of the employee’s newborn child.
- The adoption or foster care placement of a child.
- The care of a family member with a serious health condition.
- The employee’s own serious health condition.
- Any qualifying exigency related to the employee’s spouse, child, or parent being on active duty in the military.
Are All Employees Eligible for FMLA Leave?
Not all employees are eligible for FMLA leave. To be eligible, the employee must have worked for the employer for at least 12 months, and have worked at least 1,250 hours in the last 12 months. In addition, the employer must have at least 50 employees working within a 75-mile radius of the employee’s worksite.
How Does an Employee Take FMLA Leave?
In order to take FMLA leave, the employee must first provide the employer with written notice of their need for the leave and provide medical certification from their health care provider. The employee must also provide the employer with written notice of their intent to return to work at the end of the leave period.
Can You Give Two Weeks Notice While on FMLA?
Yes, you can give two weeks notice while on FMLA leave. Under the FMLA, an employee is allowed to take up to 12 weeks of unpaid leave for certain qualifying reasons. During the leave, the employee is still considered an employee of the company and is entitled to the same job protections as if they were still working. This includes the right to give two weeks notice if the employee decides to terminate their employment.
Can You be Terminated While on FMLA Leave?
No, you cannot be terminated while on FMLA leave. The FMLA guarantees job protection for up to 12 weeks of unpaid leave for a variety of reasons such as family and medical leave. This means that the employee is still considered an employee of the company and is entitled to the same job protections as if they were still working. This includes the right to return to their job upon completion of the leave period.
Can an Employer Refuse to Allow an Employee to Take FMLA Leave?
Yes, an employer can refuse to allow an employee to take FMLA leave. However, the employer must have a legitimate business reason for refusing the leave. The employer must also follow the proper procedures for denying the leave request, including providing the employee with written notice of the denial and the reasons for the denial.
What Happens if an Employee Takes FMLA Leave Without Notifying the Employer?
If an employee takes FMLA leave without notifying the employer, the employer can take disciplinary action, including termination of employment. The employer must also follow the proper procedures for denying the leave request, including providing the employee with written notice of the denial and the reasons for the denial.
Can an Employer Require an Employee to Take FMLA Leave?
Yes, an employer can require an employee to take FMLA leave, but only if the employee is eligible for the leave and the employer has a legitimate business reason for requiring the leave. The employer must also follow the proper procedures for granting the leave request, including providing the employee with written notice of the approval and the reasons for the approval.
Are There Any Other Laws That Protect Employees Taking FMLA Leave?
Yes, there are other laws that protect employees taking FMLA leave. For example, the Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with disabilities, including those who need to take FMLA leave due to a disability. In addition, state and local laws may provide additional job protection for employees taking FMLA leave.
Conclusion
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 to protect employees from losing their jobs due to taking time off for certain qualifying reasons. The act guarantees job protection for up to 12 weeks of unpaid leave for a variety of reasons such as family and medical leave. Employees who are eligible for FMLA leave can give two weeks notice while on leave, and cannot be terminated while on leave. However, employers can refuse to allow an employee to take FMLA leave, and can take disciplinary action if the employee takes FMLA leave without notifying the employer. In addition, employers can require an employee to take FMLA leave if the employee is eligible for the leave and the employer has a legitimate business reason for requiring the leave. Finally, other laws such as the Americans with Disabilities Act (ADA) may also provide additional job protection for employees taking FMLA leave.