Lit 1

Lit1

Task 1

The Family and Medical Leave Act of 1993

The Family and Medical Leave Act of 1993 (FMLA) has been passed to allow eligible employees the ability to take leave to care for family in the wake of different medical situations. Situations include birth of a child and care for that newborn child, having a child by way of adoption or foster care, or because the employee is needed to care for a family member (immediate family) with a serious health condition, or because the employee’s has a serious health condition that makes the employee unable to perform his or her job.

For certain reasons, leave may be taken on an irregular basis rather than all at once, or the employee may work a part-time schedule. An employee on FMLA leave is also entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking the leave. If an employee were paying all or part of the premium payments prior to leave, the employee would continue to pay his or her share during the leave period.

An employee generally has the right to return to the same position or the equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave. The taking of FMLA leave cannot result in the loss of any benefits that were accumulated prior to the start of the leave.

The employer has a right to a 30 days advanced notice from the employee where possible. In addition, the employer may require an employee to submit certification from a health care provider to substantiate that the leave is due to the Health of himself or herself, Family member, or Birth/ adoption of child

Employee A is able to take leave under the laws of FMLA for up to 12 weeks to care for his premature twins and wife. This is unpaid time off. He is able to use accrued Paid time off. The manager did not break any laws by withholding his salary as long as the employee is able to use work benefits of PTO that he accrued.

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