The Family and Medical Leave Act (FMLA) of 1993 provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires the employee’s group health benefits be maintained during the leave (Family & Medical, n.d.). For a company to be able to provide FMLA to its employees, the company must have at least 50 employees for at least 20 weeks of the calendar year. Company X has enough employees to offer FMLA because it currently has over 75 employees. In order for an employee to be eligible for FMLA, the employee must meet certain qualifications. The first qualification is that he/she must have worked for this particular employer for at least 12 months. Second, they must have worked at least 1, 250 hours during the 12 months prior to being approved for FMLA. For certain positions the hours worked are lower, for example, pilots and flight attendants must work at least 504 hours a year and at least 60 percent of the employer’s full-time schedule-called a monthly guarantee-or the equivalent in the 12 months preceding the leave (Labor & Employment Law, May 22, 2008). Because this person was already on leave when requesting to come back, it can only be assumed that this employee met the requirements prior to going on leave. The company must allow eligible employees to take up to 12 weeks of unpaid leave each 12 month period for an approved qualified reason. The reasons include: your own serious illness, for the care of an immediate family member (spouse, child, or parent-but not a parent “in-law”) with a serious health condition, for the placement of a child for adoption or foster care with the employee, and to care for the newly placed child, or for the birth of a son or daughter and to care for the newborn child (Wage and Hour Division, n.d.). FMLA can also be taken as military caregiver leave for the care of a servicemember or qualifying exigency leave. This employee was on leave for 11 weeks of uninterrupted...
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