According to the U. S. Department of Labor, FMLA is designed to help employees balance their work and family responsibilities and it seeks to promote equal employment opportunity for men and women. FMLA applies to all public agencies, public and private elementary and secondary schools, and all companies with 50 or more employees (U. S. Department of Labor, 2010).
Employee and Employer Rights and Responsibilities
In my organization, FMLA entitles an employee up to 12 weeks of leave without pay during any 12-month period. The employee must make a request for family and medical leave under FMLA in writing on an authorized form. The form certifies that the employee understands the reason for the leave. When there is a foreseeable need for unpaid family and medical leave, the employee must give a 30 calendar day notice of intent to take leave. Otherwise, the employee can provide such notice as is practicable. If the need is foreseeable and the employee fails to give 30 calendar days’ notice without a reasonable excuse for the delay of notification, the organization may delay the use of taking family and medical leave until at least 30 days after the date the employee provides...
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...it is important for employees and employers the bear in mind that FMLA only applies to employees and employers who meet the qualifications specified in the Act. The employer can terminate for non-discriminatory reasons unrelated to taking FMLA. Employers must provide employees with their rights to taking unpaid leave, and employees must adhere to the terms of FMLA.
Cañas, K. A. & Sondak, H. (2011). Opportunities and challenged for workplace diversity: Theory, cases, and exercises. Upper Saddle River: Pearson Prentice Hall.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
U.S. Department of Labor (2010). Leave benefits: Family & medical leave. Washington, D. C.: U. S. Department of Labor. Retrieved from http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
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