Schaeffer, Causes of Action Under the Family and Medical Leave Act
for Unlawful Termination, 14 Causes of Action Second Series 85 (2004), at p.
SEVEN YEARS AFTER THE FAMILY AND MEDICAL LEAVE ACT
CAME INTO EFFECT, the year-2000 surveys of employers and employees indicate that family and medical leave is becoming a more important part of the experience of employers and employees.
Because the law gives employers the right to designate leave as Family and Medical Leave Act
leave, if an employer knows someone will be off for an extended period due to a Worker's Comp injury, the employer needs to designate that time as Family and Medical Leave Act
leave as well.
The sources for the answers given in this article, unless otherwise noted, are the actual text of the Family and Medical Leave Act
, and the Department of Labor's interim regulations for enforcing the FMLA.(3)
Some of the more notable examples: the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Equal Pay Act, the Family and Medical Leave Act
. Until recently, Congress was even exempt from the Social Security Act.
In drafting the Family and Medical Leave Act
of 1993(1) (Medical Leave Act), 29 USC Section 2601 et seq., the question of whether an employer may deduct hourly amounts from an employee's salary when providing unpaid leave under the Medical Leave Act without affecting the employee's qualification for exemption as an executive, administrative, or professional employee was specifically addressed.
Signed into law earlier this year, the Family and Medical Leave Act
of 1993 (FMLA) entitles eligible employees, both men and women, to take up to 12 weeks of unpaid, job-protected leave for: 1) the birth of a child; 2) placement of a child for adoption or foster care; 3) care of a child, spouse, or parent who has a serious health condition; and 4) the employee's own serious health condition.
It also includes commentary on federal and state legislation, regulations, guidelines and standards and full text of relevant laws including the Family and Medical Leave Act
, ADA and Civil Rights Act.
Your rights under the Family and Medical Leave Act
If an employer has 50 or more employees, the Federal Family and Medical Leave Act
and California Family Rights Act provide a leave of up to 12 weeks per year for reasons similar to paid family leave.
In the coming term, the Supreme Court plans to hear an appeal from the state of Nevada challenging Congress's authority to require states, under the Family and Medical Leave Act
; to give their employees unpaid leave for family medical emergencies.