personal injury - employment law - commercial litigation
Family And Medical Leave Act
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The Family And Medical Leave Act requires employers with 50 or more employees in 20 or more work weeks in the current or preceding year to provide up to twelve weeks of unpaid medical leave a year to employees who have worked twelve consecutive months and have worked at least 1,250. Leave is triggered for the birth and care of a newborn child, the placement with the employee of a child for adoption or foster care, a serious health condition of the employee, spouse, parent or child, and certain active duty events.
Generally, the employee must be returned to his or her same or equivalent position with the same pay and benefits. Benefits must be maintained during the unpaid leave period.
The right to reinstatement is not absolute however. An employer can deny reinstatement if it can demonstrate that it would have discharged the employee had the employee not exercised his or her right to leave under the Act. If the employee’s position is eliminated during a layoff or reduction in force, the employer need not reinstate the employee.
Likewise, if the employee would have been terminated because of a serious breach of company policies, because of drug or alcohol use on the job or employee theft then the employee need not be reinstated.
The burden rests with the employer to prove that the employee was not fired because he or she was on leave. Company records such as the employee's personnel file and company policy manual are critical in defending such claims.
I represent hard working employers facing the challenges brought under the myriad of federal and state employment laws. Referrals are always appreciated. Please call today for a free consultation if I can be of assistance.
Randall Love, PA
Attorney For Employers