In February 1993, President Bill Clinton signed the Family and Medical Leave Act (FMLA) into law, and employment experts warned employers they could face serious legal problems if they don’t follow the statute’s requirements carefully.
Today FMLA remains as a strong protector of employee’s rights.
The FMLA allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to a serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.
Employers are obligated to provide FMLA leave if workers report to a site with 50 or more employees within a 75-mile radius, and the worker has worked at least 1250 hours in the preceding 12 months.
Employers must be very careful not to quickly fire employees who do not return immediately after their FMLA time expires. Employers must look to see if the employee has other avenues for time off before they terminate an employee for failing to return after FMLA expires. Therefore, just because an employee receives a return to work notice under FMLA, this does not mean that the employee must return to work.
Likewise, employers must provide employees with very clear rules and regulations outlining FMLA policies and procedures. Many employers fail on this topic by not providing employees with proper avenues to request FMLA time, or what documents are required to obtain FMLA leave. Generally, employers have specific forms that must be completed which include Standard Federal FMLA forms and medical forms.
For the past 25 years, employees have enjoyed the ability to preserve their job if they or their family have a medical emergency that requires leave. Even now, employers still violate the policies that President Clinton enacted. If you have any questions regarding FMLA, please call Robert Maizel at 215-287-3452 to discuss your issues or claims.
Robert Maizel is an Experienced Trial Attorney in Philadelphia, Pa. Mr. Maizel has over fifteen years of trial experience. I personally represent my clients and take your case to win! You will speak to an attorney about your case.
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We have offices located in both Center City Philadelphia and Jenkintown, Pennsylvania. Attorney Robert Maizel serves as Of Counsel to the Law Offices of Saffren & Weinberg.
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