In a recent question I was asked an employee reported to me after they had been fired after taking Family Medical Leave (FMLA). The employee had just had a baby and took 6 weeks before the baby was born due to bed rest required by her doctor, then 6 weeks after the baby was born to recover. Her employer wanted her to return after the 12 weeks had ended, when she was notified of the return to work date she requested an additional 9 days for personal reasons, the employer refused that request and instructed her that if she didn’t return on the day they indicated they would consider it a voluntary quit.

The employee did not return to work on her scheduled date and was told that they could no longer hold the job and they accepted her voluntary quit.

Did the employer violate her rights for FMLA?

FMLA allows for an employee to take up to 12 weeks of unpaid leave, the employer gave her the alloted time off and allowed her to return to work after the 12 weeks had expired. While the employee made a request for additional time the employer is not bound to grant additional time, with some exceptions for disabilities (contact an attorney if you are in that situation). The employee should have returned to work after her leave expired in order to keep her job.

There are many different aspects to each person’s story, don’t assume that this is the right answer for your case, if you need to talk to someone about your FMLA situation or if you need help with FMLA and your employer contact an attorney that specializes in employment law, you can get the help you need! You can also contact your state’s department of labor for answers to questions and help filing a claim.

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With all the FMLA regulations and FMLA rules it can be difficult for an employee to understand their rights and how to make FMLA work for them. It’s important that someone who as taken leave knows their rights if, for example, they are terminated because they took FMLA.
Basically it’s illegal for an employer to discharge someone for taking Family Medical Leave, it is also illegal to use the fact that the employee took FMLA as the reason to lay that person off. If you feel that you were discharged for taking FMLA or requesting FMLA then your employer may have violated the law and you might want to discuss your situation with an attorney.
As the employee you also have to do your part, FMLA requires that you give your employer 30 day notice when available. For example if someone is preparing to have a surgery that might make them unable to work for a substantial amount of time it’s best to let your employer know as soon as possible to to meet that requirement, if you are having an elective surgery (one where it doesn’t have to happen the day you find out you need it) you should give your employer as much notice as possible. Obviously there are going to be times where the only notice the employer will receive is when you are in the hospital recovering or helping a family member recover, so there is some flexibility in the notice. Just remember, if you know that you will be out of work for a medical condition, make sure your employer knows in advanced so they can correctly count your time off as FMLA.

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Are you a working parent who sometimes needs to take time off your job to take care of your sick child, spouse or parent? Then you must be well informed about the intricacies of the Family and Medical Leave Act or (FMLA).

In 1993, the federal government enacted the Family and Medical Leave Act (FMLA) as a law intended to assist employees in balancing their responsibilities at work and their responsibilities with family and personal health.

The FMLA have a set guideline on who can be eligible for availing the said absence benefits. These benefits may reach up to 12 weeks of leave without pay but with definite job restoration and health benefits.

Do you want to know if you can be eligible under the FMLA? First, your company must be eligible, too.

Organizations can become subject to this federal law if they are categorized as a private sector and they have 50 employees or more. Government or public sector agencies with any number of employees are eligible to be subject to the FMLA, too.

Meanwhile, you can be covered by the FMLA if you have been in your company for 12 months in the least or have been working for 1250 hours in the least for the previous 12 months. You can also be eligible for FMLA if you are working within 75 miles of a work site employing 50 employees or more. Moreover, you have not used up the 12 weeks allowed leave under the FMLA in the past 12 months.

The leaves of work you can avail under the FMLA have several types. You can file for leave on several grounds:

1. Birth and caring of a child

2. Placing of a foster or adoptive child in the home

3. Your health conditions are becoming serious

4. An immediate member of the family has grave health conditions.

The FMLA has period calculations. An employer has four choices in the matter of determining the 12 months period of an employee.

- Base from calendar year

- 12 months leave year that may be based on his employee’s anniversary at work or the fiscal year being followed by the company

- Period of 12 months by counting forward from the exact date when the first FMLA of an employer began

- “Rolling” period of 12 months period measuring backward by the date the employee used the FMLA leave.

The leave hours you can avail during the period of 12 weeks would depend on your status.

- If you are a full timer, you can be eligible to 480 hours FMLA leave or 40 hours every week for 12 weeks.
- If you are a part-timer, then you can be eligible for a prorated amount of time off. This will be based on your number of scheduled hours every week.

If you are already married and both you and your spouse are working under the same organization then your FMLA leave may be limited to the collective sum of 12 weeks. This is if your leave is because of the given reasons.

To qualify for the FMLA leave, you have to provide 30 days’ advanced notice in the least.

Got you interested? You can inquire if your company is eligible to be under the FMLA leave and begin spending some quality time with your family.

Find out more information about Family and Medical Leave Act and other employment law cases visit http://www.attorneyservicesetc.com

Author: Carla C. Ballatan
Article Source: EzineArticles.com
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Quick FAQS

What are FMLA and CFRA?

FMLA stands for Federal Family and Medical Leave Act. CFRA stands for California Family Rights Act. Both acts represent Federal and State laws that allow eligible employees to take up to 12 work weeks of unpaid leave during any 12 month period.

What are the acceptable reasons for taking a leave of absence?

For FMLA reasons will include a serious health condition of the employee, child, spouse, or parent; the birth of a child of the employee, placement of a child for adoption or foster care. This includes any period of incapacity due to pregnancy, including prenatal examinations or severe morning sickness.

CFRA works the same as FMLA, except that CFRA also allows for care of a registered domestic partner and excludes pregnancy. For pregnancy, California allows up to 4 months of Pregnancy Disability Leave (PDL) pursuant to the California Fair Employment and Housing Act for all employers with five or more full or part time employees. PDL is for any women hindered due to pregnancy, childbirth, or a related medical condition. This includes prenatal care and severe morning sickness

Federal Family and Medical Leave Act (FMLA) for Covered Employers

Covered Employers are those who engage in activity affecting commerce and employ 50 or more employees in 20 weeks of current or preceding year. Public agencies and private elementary and secondary schools are covered regardless of the number of employees.

California Family Rights Act (CFRA) for Covered Employers

Covered Employers are those who engage in business or enterprise in California and employ 50 or more employees in any 20 weeks of current or preceding calendar year. California, counties, and any political or civil subdivision of the state and cities are covered regardless of the number of employees.

FMLA and CFRA for Covered Employees

Covered Employees are employed with the employer for at least 12 months (need not be consecutive months), worked at least 1,250 hours during the 12 month period immediately preceding the leave, and employed at a worksite where 50 or more employees work within a distance of 75 surface miles.

What are the posting requirements?

An FMLA and CFRA notice explaining entitlements of leave and procedures for filing a complaint with the Department of Labor, Wage and Hour Division must be posted in a conspicuous place where applicants and employees tend to congregate.

Can the employer request medical certification?

FMLA and CFRA. An employer can request medical certification from the employee. The employer can ask for a second and even third opinion to verify the validity of the medical certification. However, under CFRA, a second or third medical opinion cannot be requested regarding the care of an employees family member. The employer must accept the certification

What is the employer’s obligation to designate or deny leave?

For both FMLA and CFRA it is the employer’s obligation to designate or deny leave, in writing and indicate if leave is paid or unpaid. Designating leave must be done prospectively and not retroactively unless the employer lacks sufficient information as to the reason for leave.

FMLA and CFRA allowed time off

For FMLA, up to 12 weeks in an established 12 month period is allowed. Intermittent leaves or a reduced work schedule may be taken when medically necessary. CFRA is the same as FMLA with the exception that leave(s) taken for the birth, adoption, or foster care placement shall be granted at a minimum of two week increments. On two occasions increments of less than two weeks may be used.

FMLA and CFRA leave will run concurrently, except in the case of a leave taken for disability due to pregnancy, childbirth or a related medical condition in the State of California which is covered separately under the California Pregnancy Disability Leave.

How to determine paid or unpaid leave.

FMLA and CFRA is unpaid, however, an employee may choose or the employer may require substitution of unpaid FMLA with vacation or other accrued time off and/or sick pay to the extent the circumstances meet the employer’s typical policy for the use of sick pay.

Does the group health coverage continue while the employee is on leave?

For both FMLA and CFRA, the employer must continue any group health plan for the duration of FMLA leave, at least 12 weeks in a 12 month period, under the same conditions as if the employee was actively working. Longer health plan coverage or other benefits are determined by the employer’s policy to the same extent and under the same conditions as would apply to any other leave. Employees are still responsible for their share of benefit premium payments.

What happens when the employee returns from leave?

For both FMLA and CFRA, the employee must be reinstated to the same or equivalent position at the end of leave. However, the employee has no greater right to reinstatement, benefits, or to other conditions of employment than if he or she was continuously employed during FMLA leave. The exception to this is for salaried key employees, defined as the highest paid 10% of all employees. If denial is necessary to prevent serious economic harm to the employer, then the employee needs to be properly notified.

The above is a brief summary of information pertaining to FMLA & CFRA and not a complete description of all rules and regulations. As rules and regulations are subject to change we cannot verify that all information is current or completely accurate. HCP National provides educational programs to assist our clients in risk management through compliance with various applicable federal laws, rules and regulations; however, this is neither an effort to practice law or a legal service. We encourage everyone to consult with their own attorney, certified public accountant and tax professional on any issues involving specific facts, persons, circumstances or situations.

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HCP National is a one-stop shop for all your insurance needs. We provide all lines of insurance coverage including employment risk management, ASO and Stop Loss Insurance, Fully Insured Managed Care Programs, Medical Malpractice E & O and D & O, Reinsurance, Product Liability, BOP’s, Workers Compensation, All Forms of Property and Casualty Insurance.

At HCP National Insurance Services Inc., we provide a comprehensive and economical portfolio of insurance and reinsurance products and services to meet your company’s needs. Come visit our website at HCP National Insurance.

Author: William D. Dyer
Article Source: EzineArticles.com
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Do you think you may need a Phoenix civil rights attorney? Are you being harassed at work? Have you complained repeatedly, and are still not being taken seriously?

Harassment is a very real problem that many people suffer from-usually at work. A person who is harassed because of their gender, race, religious beliefs, sexual orientation, etc. may have tried bringing the problem up with a supervisor, but do not see any change in the behavior of the harasser(s). Unfortunately, this is a catch 22 situation, as quitting could cause serious financial hardship in the current economy, yet staying will result in endless upset for the victim, or even being fired for “complaining” excessively.

If you’re a victim of a similar circumstance, any Phoenix attorney would tell you that you may not be fired legally for complaining about poor work conditions. Harassment on the job is without a doubt a poor work condition.

If you are expecting a new baby and being told that you may not take time off from your job in order to bond with your infant, without being fired, you should know your rights. The FMLA, or family medical leave act ensures this right for you as an American citizen. Anyone who tells you differently is either ill informed or lying. This is against the law, and a Phoenix attorney can help.

Perhaps you have developed an illness which requires you to take frequent and unforeseen time off of work due to treatments, recovery, or a similar health reason; but your employer becomes annoyed and threatens to fire you if you continue to miss work. This, too, is a violation of your civil rights, as stated in the Americans with Disabilities Act. A Phoenix civil rights case may be justified if you have or are in this type of situation at your workplace.

If you believe that you have been or are currently going through a similar situation as one of the above mentioned cases, you should know that your rights need to be defended. Speak to a Phoenix attorney as soon as you can to find out how you can correct the situation.

A Phoenix civil rights case is the best way to not only ensure your own freedoms, but to pave the way for others as well.

Author: Bella Holly
Article Source: EzineArticles.com
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Commonly, when you start an employment with a company, you are oriented of your job description, responsibilities and the employees’ code of conduct. The code of conduct or usually known as employee rules and regulations guides employees on the things they need to do in order to be considered worthy of prolonging their employment and receiving promotions and incentives.

On the other hand, it also shows the employees the things they are forbidden to do which opposes the overall goals and objectives of the company. The rules also impose warnings and punishments for those who may be caught violating the rules and regulations. Sometimes gross violations may even lead to termination of employment.

However, if your employment has been terminated on unknown grounds, it would constitute wrongful termination. Generally, being wrongfully terminated means that you have been discharged from your employment for unjust reasons.

Still not every unjust or unfair discharge of an employment constitutes wrongful termination. Though this is the most widely used term, other terms referring to unfair or unjust employment discharge are the following:

- wrongful firing

- wrongful discharge

- wrongful dismissal

- illegal termination

- illegal dismissal

- illegal discharge

These alternate terms connote that an employer must have discharged an employee, illegally, so that such act would constitute wrongful termination. This is connotations is based at the very least on the legal implications of such terms.

If you, as employee, believed that your termination seem unfair, however, in the legal sense, the employer’s discharge of your employment cannot be classified as illegal, then the act cannot be considered as wrongful termination.

It is helpful for an employee to be aware of the laws involving wrongful termination. Though knowing and understanding the laws would not prevent you from being wrongfully terminated from an employment, your knowledge will lead you to the ways of fighting against this unjust and illegal treatment and stop abusive employers from practicing such against others.

There is no federal law, which concerns only the subject of wrongful termination. However, a variety of federal laws exists that prevents employers from illegally dismissing/terminating or discharging their employees.

Wrongful termination may be wrongful if:

- it violated the Federal or state’s discrimination law

- it violated the rights indicated in the “First Amendment to the U.S. Constitution”

- the act itself violated the discharge policy being enforced by the employer

- led to a breach of implied or explicit contract of employment and/or a collective bargaining agreement between the employer and union

- led to infringement of the “covenant of good faith and fair dealing”

- employee is not willing to break a rule or law

- disguised in a false statement of facts

- due to employees’ jury duty

Furthermore, it might be considered wrongful termination if the employer discharged an employee as retaliation for the following:

- lawful exercise of employee rights based on the appropriate labor and employment laws

- lawful exercise of union rights

- taking legitimate leave under the FMLA or Family and Medical Leave Act

- served time in the country’s military reserve

- whistle blowing

Based on several significant provisions in wrongful termination laws, victims can seek relief and damages by filing certain complaints with the respective government agency enforcing the laws that had been violated. Victims can also file private lawsuits against their employees or even both of these legal actions.

Keep in mind that knowing your rights and learning what you can do about any violation of it is empowering enough for employees.

For more information about the legal implications and actions about wrongful termination consult with Wrongful Termination Law Attorneys

Author: Carla C. Ballatan
Article Source: EzineArticles.com
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Over the years, one of the most important factors candidates cited in searching for employment was benefits. Surprisingly this was second to salary. Considering the high cost of healthcare and prescriptions, benefits have played a vital role in the way people look for jobs. Unfortunately, in recent years, we have seen a decline in the benefits being offered. Companies are finding it difficult to keep pace with the rising costs of insurance and other employee benefits, forcing them to either reduce or eliminate their offering.

Many believe that employees are entitled to benefits, feeling it is the company’s responsibility to offer some level of support. Others believe that employee benefits are a privilege not a right. For this group, they believe that any offering is better than nothing at all. Adding further fuel to this hotbed issue – the number one reason that people file for bankruptcy is medical bills. So, what is the truth about employee benefits – is it a right or a privilege?

Let’s begin by addressing the many inaccuracies and misconceptions relating to employee benefits. Myth: For Only large companies are required by law to provide benefits. Truth: The truth is that while some benefits are mandated, the majority are not. Standard benefits such as healthcare, holiday pay, and vacation are routinely offered by companies of all sizes as part of a benefits package. While most companies do offer some or many of these benefits, from a legal standpoint, these “benefits” are not actually governed by the law.

In a competitive marketplace, employee benefits can be the deciding factor for many candidates. Organizations offer these benefits in order to attract and retain high quality employees. Business owners know that providing perks to employees is a worthwhile investment to attract a higher caliber of employee. Therefore, while the company has to spend significant money to provide this type of coverage, they do so as an investment to growing business, and attracting and retaining a talented workforce not because they are required to do so. Today’s world is highly competitive. Individuals who have graduated with a BA or even MBA usually only work for top companies. This means that for small to medium size organizations to compete they have to find creative ways to make the opportunities more appealing.

Another misconception is that people are entitled to time off for vacation. Again, this is something offered, not mandated by law, as most people believe. Now, when it comes to receiving vacation time, if it is provided by the employer, it must be treated in the same way as wages, being earned daily, which is law. The other factors protecting the employee from accrued vacation is that once it is earned, the company cannot renege by taking it back and if the employee leaves the company, regardless of termination or voluntary leave, he or she must be paid earned income.

The examples listed below will provide you with an idea of what is the employee’s right versus privilege:

o Any company with a minimum of one employee is required to provide unemployment insurance, which is covered 100%, meaning the employee pays nothing.

o Workmen’s Compensation – This too must be provided for any company with one employee to include disability income, medical benefits, and time off, paid for by the company at 100%.

o Pregnancy Disability Leave – For companies with a minimum of five employees, reasonable accommodation must be provided, typically between four and eight weeks.

o Vacation – This benefit is not required under current law although any vacation must be accrued and paid out to the employee upon separation from the company.

o Sick Pay – Again, by law, this is not required. However, under the Federal Medical Leave Act (FMLA), employees under certain circumstances would be provided time off (up to 12 work weeks within a 12 month period) without pay while the current job is protected. FMLA would cover issues pertaining to death in the family, medical leave, adoption and serious health issues of immediate family members.

o Holiday Pay – This too is at the discretion of the company and not mandated.

o Pension and Retirement – While this would not be mandatory, any coverage provided would need to follow strict ERISA regulations and tax laws.

o Healthcare Insurance – Finally, health insurance is not required by law. However, when coverage is offered, it would fall under the direction of COBRA, Cal-COBRA, and HIPPA regulations.

As you can see, most employee benefits are in fact a privilege and not a right. While job seekers and employees might deem it unfair or even immoral, it is what the law currently states. Having an understanding of the law, enables you to tailor and market your employee benefits package appropriately highlighting the perks that your company can offer.

Richard A. Hall is founder and President/CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience which has enabled him to meld technology and sophisticated statistical analysis to produce a technology driven analytical model of the practice of law. As a busy civil trial attorney, he was responsible for the design and implementation of a LAN based litigation database and fully automated document production system for a mid-sized civil defense firm. He developed a task based billing model built on extensive statistical analysis of hundreds of litigated civil matters. In 1994, Mr. Hall invented linguistic modeling software which automatically reads, applies budget codes, budget codes and analyzes legal bill content. He also served as California Director and lecturer for a nationwide bar review. Mr. Hall continues to practice law and perform pro bono services for several Northern California judicial districts.

Author: Richard Hall
Article Source: EzineArticles.com
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Prior to 1993, their employees had little leverage when it came to keeping their jobs after suffering serious illness, taking care of a seriously ill loved one or after a birth or adoption or foster care. A sudden illness meant that you were not only severely sick and likely racking up countless medical bills, but also in great threat of losing your job. Your job was also likely the only thing that could allow you to pay for those medical bills. Once you were fired from your job because of your inability to go to work, you would also lose any medical coverage you had through your job. As a result, you were left sick without any form of insurance to back you up. Because of this, medical bankruptcy was most likely going to happen to anyone in this unlucky position.

But in 1993, President Bill Clinton signed the Family Medical Leave Act. The FMLA is a labor law which requires larger employers to prove employees with job protected unpaid leave if an employee becomes sick and is unable to perform his or her job. It also allowed for individuals to have job protected leave in order to take care of a sick family member or new child. The law includes protection for new children by birth, adoption or fostering.

Requirements in order to qualify for the Family Medical Leave Act

Not everyone automatically qualifies for FMLA. There are a number of stipulations one must first pass in order to receive FMLA protection. These requirements include:

The business must employee at least 50 or more employees within a 75 mile radius of the worksite – this includes public agencies including schools and state, local and federal agencies.
The employee must have worked at the business for at least 12 months and 1,250 hours within the last 12 months.

The Family Medical Leave Act does have stipulations. It can only allow for unpaid, job protected leave for up to 12 weeks a year and extensive paper work must be filed and sent or given in person to a government agency in order to qualify.

The FMLA just may be the government protection you need in order to keep your job in the middle of a tragic situation.

To find out more about the FMLA, visit the website of the Iowa personal injury attorneys of LaMarca & Landry, P.C.

Joseph Devine

Author: Joseph Devine
Article Source: EzineArticles.com
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Prior to 1993, their employees had little leverage when it came to keeping their jobs after suffering serious illness, taking care of a seriously ill loved one or after a birth or adoption or foster care. A sudden illness meant that you were not only severely sick and likely racking up countless medical bills, but also in great threat of losing your job. Your job was also likely the only thing that could allow you to pay for those medical bills. Once you were fired from your job because of your inability to go to work, you would also lose any medical coverage you had through your job. As a result, you were left sick without any form of insurance to back you up. Because of this, medical bankruptcy was most likely going to happen to anyone in this unlucky position.

But in 1993, President Bill Clinton signed the Family Medical Leave Act. The FMLA is a labor law which requires larger employers to prove employees with job protected unpaid leave if an employee becomes sick and is unable to perform his or her job. It also allowed for individuals to have job protected leave in order to take care of a sick family member or new child. The law includes protection for new children by birth, adoption or fostering.

Requirements in order to qualify for the Family Medical Leave Act

Not everyone automatically qualifies for FMLA. There are a number of stipulations one must first pass in order to receive FMLA protection. These requirements include:

The business must employee at least 50 or more employees within a 75 mile radius of the worksite – this includes public agencies including schools and state, local and federal agencies.
The employee must have worked at the business for at least 12 months and 1,250 hours within the last 12 months.

The Family Medical Leave Act does have stipulations. It can only allow for unpaid, job protected leave for up to 12 weeks a year and extensive paper work must be filed and sent or given in person to a government agency in order to qualify.

The FMLA just may be the government protection you need in order to keep your job in the middle of a tragic situation.

To find out more about the FMLA, visit the website of the Iowa personal injury attorneys of LaMarca & Landry, P.C.

Joseph Devine

Author: Joseph Devine
Article Source: EzineArticles.com
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