The Family and Medical Leave Act, or FMLA, is the federal law that requires covered employers -- those that employee 50 or more people within 75 miles -- to provide up to 12 weeks a year of unpaid leave to eligible employees. The leave could be for an employee's serious medical condition or for the serious medical condition of an employee's immediate family member.
A new Labor Department rule expanding job protections for same-sex spouses was set to take effect on March 27, but a federal judge has blocked the rule's implementation. Specifically, the change would extend Family and Medical Leave Act protections to employees in same-sex marriages, regardless of whether they live in a state that doesn't recognize same-sex marriage.
February 2015 marks the 22nd anniversary of President Bill Clinton's signing of the Family and Medical Leave Act (FMLA). According to the National Partnership for Women & Families, women and men who needed to care for their health or their families' health have used the law more than 200 million times since 1993.
Sometimes cases with interesting facts can lead courts to make decisions we might not necessarily expect at first glance, and the 7th Circuit Court of Appeals may have recently done just that. The primary issue in Gienapp v. Harbor Crest involved a box, on a form, left unfilled by the plaintiff. But the most noteworthy holding from the 7th Circuit decision has nothing at all to do with that empty box. Instead, it has to do with a grandparent's rights under the Family and Medical Leave Act to care for their grandchildren when that child's parent is ill.
To be eligible for benefits under the Family and Medical Leave Act, you have to meet the following requirements:
U.S. employment law has many protections for employees in the workplace. These laws aim to protect an employee from unfair discrimination and unjust treatment, as well as provide some important job-related benefits in the event of a family or medical emergency. The Family Medical Leave Act (FMLA) is one of the laws that has significant importance to a great number of employees throughout New York and the United States. As legal definitions of family relationships continue to change, the reach of the FMLA may soon be extended.
When a woman gives birth, she is often given paid time off to rest, recuperate and care for her child. Many women in New York can take paid maternity leave and do so to bond with their children. Unfortunately, there are no laws that force employers to pay for that time off. While the Family and Medical Leave Act does guarantee that women can take up to 12 weeks off following the birth of a child, that time is unpaid.
Although the system is far from perfect, eligible New York employees are protected by the Family and Medical Leave Act of 1993 when they need to take time off for medical conditions or emergencies. Unfortunately, unlike 178 countries around the world that give employees at least some paid leave, the United States does not. This leaves many workers having to choose between caring for a sick child, for example, and paying the bills. What's worse, sometimes employers unlawfully deny the requests of employees for unpaid time off under FMLA.
Imagine being told that you must return to work the day after you give birth. Though most people in New York can't imagine an employer saying that, there are no requirements for smaller companies and employers to give their employees any paid or unpaid time off for the birth of a child. According to the Family and Medical Leave Act, only employers with 50 or more employees must give their employees unpaid leave under FMLA. And, yes, you read that right, they are only required to provide unpaid leave.