FMLA
The Family Medical Leave Act (FMLA) is federal legislation that requires an employer to provide up to 24 weeks of unpaid leave per calendar year to qualifying employees. Unless the leave is related to the deployment of a United States military service member or leave which is directly related to health care for that service member the federal law only requires that the employer give the employee 12 weeks of leave in any calendar year.
The FMLA applies to those employers who employ 50 or more individuals within a 75 mile radius of where the employee seeking leave is employed during 20 or more calendar weeks and each year. The FMLA only applies to those employees who work more than 1250 hours in the calendar year prior to the request for leave who have been employed by the employer for more than one year. Where an employer fails to designate a calendar year determination for the use of FMLA leave, the employees right to leave will be interpreted in the most broad fashion possible.
If an employer designates in particular employee as a key employee, the particular employee will not be entitled to the protections of the act. A key employee is an employee who is paid in the top 10% of all of the employer’s employees, on a salaried basis, whose absence would result in substantial and grievous financial injury to the employer. In order to designate an employee as a key employee the employer must inform the key employee of their designation prior to the time the employees seeks leave.
To qualify for leave under the act, the employee must have a serious health condition themselves or be caring for a spouse, domestic partner, parent or a child with a serious health condition. FMLA leave does not cover care provided to a mother or father in law. Prenatal care automatically qualifies for coverage as a serious health condition.
Once an employee has requested leave, the employer must continue to make to make all employer based contributions to health insurance funds for the employee for 12 weeks leave. While the employer may fill the position held by the employee, if it is necessary to the continuation of the employer’s business, the employer must return the employee either to their prior position or to a position which is substantially similar to the position in terms of job duties and tasks performed when they return from leave. An employer may not reduce the compensation paid to an employee when they return to work because they exercise their right for FMLA leave.
If the employer can prove that they were about to take disciplinary action against an employee at the time the employee took FMLA leave, and that that disciplinary action would have resulted in the termination of the employees employment irrespective of the use of FMLA leave, the employer may terminate the employee when they are out on FMLA leave. This is a hard burden to prove and one that should be discussed with an attorney prior to the termination.
Similarly if the employer eliminates the position held by the employee as the result of a lay off or a bona fide reduction in force which legitimately would have resulted in the employee’s position being eliminated but for the leave, the employer may also eliminate the position without liability under the FMLA.
There are many traps and pit falls for the employer and employee surrounding the use of FMLA leave. The above is general guidance and does not substitute for an actual consultation with an attorney. If you have questions in this area were strongly advised to contact us at (401) 864-5877 or through the contact link provided.
THE MASSACHUSETTS MATERNITY MEDICAL LEAVE ACT
If you are a woman who has either completed the initial probationary period set by your employer, or if no such period, been employed by the same employer for at least three consecutive months as a full-time employee, you are entitled to be absent from your employment for up to eight weeks for the purpose of giving birth or for adopting a child under the age of eighteen or for adopting a child under the age of twenty-three if the child is mentally or physically disabled.
In order to take this leave, the employee must give at least two weeks’ notice to her employer of her anticipated date of departure and intention to return.
In order to take this leave, the employee must give at least two weeks’ notice to her employer of her anticipated date of departure and intention to return.
There are many traps and pit falls for the employer and employee surrounding the use of the Massachusetts Maternity Medical Leave Act. The above is general guidance and does not substitute for an actual consultation with an attorney. If you have questions in this area were strongly advised to contact us at (401) 864-5877 or through the contact link provided.
THE RHODE ISLAND PARENTAL AND FAMILY LEAVE ACT.
The Rhode Island Parental and Family Leave Act defines an employer as any employer who employees more than 50 employees in the State of Rhode Island or if a city or town, a city or town that employees more than 30 individuals, and the State itself with all of its associated agencies.
To qualify under the Rhode Island Act, an employee must have worked an average of 30 or more hours a week for an employer during the one year period prior to the leave.
As with the FMLA, the individual seeking the leave must have a qualifying serious health condition or their parent, spouse, domestic partner, or child must have a qualifying health condition. Unlike the FMLA however, where an individual provides care for a mother or father in laws, they are provided with coverage under the Rhode Island Act.
Like with the FMLA, under the Rhode Island Act an employee is entitled to have any Health care benefits extended for 13 week period while they are leave, with the employer making all of this required contributions, provided the employee provides to the employer all of the regular employee based contributions. Similarly the employee is entitled to be reinstated to a position which is the same or substantially similar in terms of duties and responsibilities as the employee had prior to the leave. There is no private right of enforcement under the Rhode Island Parental And Family Medical Leave Act. In order to enforce the provisions of the, the employee must file the complaint the Rhode Island Department of Labor and Training. The protections provided by the Rhode Island Medical Leave Act may also run concurrently with any protection provided to the employee by the FMLA.
There are many traps and pit falls for the employer and employee surrounding the use of Rhode Island Parental and Family Leave act The above is general guidance and does not substitute for an actual consultation with an attorney. If you have questions in this area were strongly advised to contact us at (401) 864-5877 or through the contact link provided.