Robert Boone, UAW 933, March 2015

The Family and Medical Leave Act 1993

FMLA = Family and Medical Leave Act of 1993

The family and medical leave act was signed into law by William Jefferson Clinton, our U. S. President, on 2-5-1993. Efforts are currently under way to modify the act, such as payment for the leave time, and many others, as of yet the changes have not materialized.

Workers health care benefits will be continued during the period of a leave under the FMLA.  The FMLA act fails to cover all employers and employees. The FMLA only covers employers that employ 50 or more employees. 95% of workers in the U.S. are employed by employers that employee less than 50 employees. Therefore 50 percent of the U.S. workforce is covered under the FMLA.

The F.M.L.A. currently grants up to 12 weeks of unpaid, but job protected leave. The F.M.L.A. will grant a leave for the adoption of a child or for the birth of a child. The F.M.L.A. leave act grants a leave for serious illness of, the employee, spouse, parent or child. A large portion of U.S. workers are still not covered under the terms of the F.M.L.A. The 50 or more employee rule has a futher stipulation; the 50 employees must be within a 75 miles radius, to be counted.

Employees must have worked for a covered employer for at least one year to be eligible for a leave under the F.M.L.A. Employees must have worked at least 1,250 hours in the past 12 months to be eligible for a leave under the F.M.L.A.

The care of a foster child is covered under the F.M.L.A. act. The employee ordinarily must provide 30 days advance notice for the leave to be covered under the F.M.L.A.

If an employee claims serious health conditions to obtain a leave he may be required to supply a medical certification to verify the conditions to the company?

Intermittent or reduced leaves, to reduce the hours per day or week are covered under the act. Medically necessary intermittent leaves do not require employer approval.

Employers can deny HIGHLY COMPENSATED employee’s reinstatement with equivalent pay, benefits and terms of employment at the conclusion of the leave. The use of the F.M.L.A. cannot result in the loss of employment benefits that occurred prior to the start of an employee’s leave. Employers are required to return executives, administrative or professional employees under the F.M.L.A.

Federal, state, civil service and congressional employees are covered under the F.M.L.A. Act. If both, husband and wife work for the same employer their leave entitlement is more limited than if they were not a couple. Under the F.M.L.A.  employees can take 12 weeks leave each 12 months. Employers can require employees to take sick leave or other time off benefits as part of the 12 week leave, unless other stipulations were agreed to in a collective bargaining agreement.

The (D.O.L.) Wage and hour division will issue regulations and enforce the law on the F.M.L.A. The law allows the employee to sue the employer if the employer violates the F.M.L.A. The law allows the secretary of labor to sue on behalf of the employee for damages, if an employer violates the act?

The F.M.L.A. does not pre-empt other federal and state laws on this subject. The law does not “modify or affect in any way” any federal or state civil rights law?

Dad always said:

You kids should respect me; I got through school without GOOGLE!

Union leaders, love cannot be explained, it can only be experienced.

One must learn from the mistakes of others, because you can’t possibly live long enough to make them all yourselves.