Spouses employed by the same employer are jointly entitled to a combined total of 12 work-weeks of family leave for the birth and care of the newborn child, for placement of a child for adoption or foster care, and to care for a parent who has a serious health condition. Eligible employees are those who have been employed for 12 months or more need not be consecutive for a covered employer, and who have worked 1, or more hours in the month period preceding the first day of leave.
Employers subject to both the state and federal family and medical leave laws must provide the benefits most generous to the employee under both statutes. Further, an employee disabled by pregnancy cannot be denied any compensation to which she is entitled as a result of the accumulation of disability or leave benefits. Note that this statute applies to employees who might not otherwise be eligible for FMLA leave, as well as to small employers who are not subject to the FMLA laws.
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.
It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:. There are two periods of time critical to this calculation.
The 50 employee threshold must occur in the current or previous calendar year. If the count is from the previous calendar year, eligible workers remain covered even if the count has fallen. For example, a worker employed last year when there were 50 employees remains eligible this year too. There is no minimum number of hours worked required in order for a worker to be part of the tally. When counting weeks, they do not need to be continuous. This is to allow coverage for erratic or seasonal schedules.
Large employers with multiple locations may be a covered employer in some locations and not others. In addition to the 50 employee count, those employees only count if they work within 75 miles of each other. Thus, a location more than 75 miles away from headquarters may have fewer workers. Those workers may not be eligible unless the employer chooses to cover them. But you must be sure handbooks and policies are tailored to specific locations. A restaurant had 50 employees working from January through March 12 weeks.
It stopped operations and laid off all staff on April 1, During the fall opening, it continued to carry 50 people on payroll , having obtained a Paycheck Protection Program PPP grant. It then laid off all staff. On February 1, , it re-opened under a take-out and catering model and rehired 25 workers. Answer It depends on how many hours you work and how large your employer is.
And, it covers only employees who meet these three requirements: You must have worked for your employer for at least a year. You must work at a location that has at least 50 of your company's employees within a mile radius. You must have worked at least 1, hours during the 12 months immediately before you take leave.
Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
For Employees. Losing Your Job. Your Rights To Fair Wages. Your Health and Safety.
0コメント