In today’s fast-paced economy, staying ahead of the curve is crucial. Employers, especially those in competitive fields or those needing a lot of unskilled labor, often expect their employees to be flexible and work hard. However, this doesn’t mean that workers’ rights are ignored. There are many laws in place to protect workers, one of the most significant being the Family and Medical Leave Act (FMLA).
The FMLA, which has been around since 1993, allows employees to take up to 12 weeks of unpaid leave within a year for specific medical and family-related reasons. These reasons can range from childbirth and adoption to personal medical conditions or caring for a family member with a serious medical condition. While employers aren’t required to pay employees on FMLA leave, about 65% do offer full or partial pay. They also can’t suspend or revoke health insurance coverage, which is a crucial protection for those taking time off for medical reasons.
The FMLA is a modification of the employment-at-will doctrine, which governs most employer-employee relationships in the U.S. This doctrine allows both parties to end the employment relationship at any time and for any reason. However, under the FMLA, employees who take leave for a qualifying reason must almost always be reinstated at their previous position and pay grade, and with the same benefits and responsibilities. They can’t be fired, demoted, harassed, or otherwise penalized for requesting or taking leave under the FMLA.
The FMLA applies to public and private employers with at least 50 employees within a 75-mile radius of where the employee is based. To qualify for the FMLA’s protections, employees need to meet certain criteria, such as working for a qualifying employer for at least 12 months and amassing at least 1,250 hours of work within the past 12 months. However, there’s a limited exception for key employees, who are defined as employees that meet all of the above criteria and are paid better than 90% of their coworkers within a 75-mile radius.
Some states have unpaid leave laws that piggyback off the FMLA, strengthening protections for employees who need to take time off for family or medical needs. These laws change regularly, so it’s best to check with your state labor authorities for up-to-date information.
The FMLA allows qualifying employees to take up to 12 total weeks of unpaid, non-penalized work leave within any given 12-month period for reasons such as birthing and newborn care, adoption and foster care, immediate family member care, personal illness or injury, and military exigency. It also allows up to 26 total weeks of unpaid, non-penalized work leave within a 12-month period for military caregiver leave.
Employees who qualify for leave under the FMLA must be mindful of certain obligations, such as providing adequate notice, meeting certification requirements, using paid time off, and notifying of changed circumstances. The FMLA also imposes some obligations on employers, such as posting a FMLA notice, providing written notice in new-hire materials, providing eligibility notice, and providing written rights and responsibilities notice to employees approved for leave.
The Wage and Hour Division investigates and enforces all FMLA-related claims. If a WHD investigation finds that a particular claim has merit, the affected employee is entitled to lost wages and benefits, compensation for actual costs incurred during leave, equitable relief, and attorney fees.
In conclusion, labor laws and worker protections have come a long way in a relatively short period of time. However, employees bear responsibility for understanding the laws that protect them and spotting potential violations. Otherwise, those laws are just words on paper.
