Personal Injury News

The Family And Medical Leave Act

Federal law designed to help workers balance job and family responsibilities by giving employees up to 12 weeks of unpaid leave per year for specific reasons, including a serious health condition or to care for an immediate family member who has a serious health condition. During FMLA leave, employers must continue employee health insurance benefits and, upon completion of the leave, restore employees to the same or equivalent positions.

Covered Employers:
 The FMLA applies to private employers with 50 or more employees working within 75 miles of the employee’s worksite. Employers with fewer than 50 employees can also choose to provide benefits similar to those required by the FMLA, and many find it beneficial to do so. The FMLA also applies to all public agencies and private and public elementary and secondary schools, regardless of the number of employees.

Covered Individuals:
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the 12 months immediately prior to the leave, if there are at least 50 employees working within 75 miles of the employee’s worksite.

Medical and Disability Related Leave Rules:
Eligible employees can take up to 12 weeks of leave for treatment of or recovery from serious health conditions. The FMLA’s definition of a serious health condition is broader than the definition of a disability, encompassing pregnancy and many illnesses, injuries, impairments, or physical or mental conditions that require multiple treatments and intermittent absences. Generally, things like cosmetic surgery, colds, headaches, and routine medical and dental care are not included. FMLA leave is unpaid, but employers may require employees to concurrently take paid leave, such as accrued vacation or sick leave, or employees may elect to do so.

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	Did You Know?
	Wrongful death claims seek compensation for losses resulting from the family member's death A number of situations lead to wrongful death case being filed. Medical mistakes, car accidents, criminal attacks, work-related injuries, and other accidents result in wrongful death case. Expert testimony and other requirements mean that medical mistakes tend to be the most difficult wrongful death claims to prove, requiring extensive effort on the part of attorneys.