Florida Employee Rights Memo Under the Family and Medical Leave Act

State:
Multi-State
Control #:
US-AHI-199
Format:
Word
Instant download

Description

This AHI form is a memo regarding employee's rights under the Family and Medical Leave Act (FMLA).
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How to fill out Employee Rights Memo Under The Family And Medical Leave Act?

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FAQ

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12

While the employee is on leave, an employer can ask the employee to provide status updates, including asking the employee to obtain a second opinion regarding her condition. The caveat is that you may only ask the employee; you cannot ask anyone else about a particular employee's leave.

Although district courts conflict on whether a disclosure of an employee's medical information constitutes an interference claim under FMLA, the Court finds that enforcing labor regulation makes clear that confidentiality of medical information is a right provided by and protected by the FMLA. Citations Omitted.

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

In general, when an employee is out, we recommend informing coworkers only that the employee is on a leave of absence. The reasons for the leave are not any of the coworkers' business, and the employee might not want the reasons known by others.

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

These rights include the right to apply for work without being discriminated against, the right to a fair wage and fair compensation, the right to a safe workplace free from discrimination and harassment, and the right to take unpaid medical leave in certain circumstances without risking one's job or health benefits.

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

If you are on FMLA leave, as a general rule, your employer cannot fire you as long as you don't exceed the allotted 12 weeks during a calendar year. That said, even if you take an extra day above the 12-week period, you could potentially lose your job because you are no longer under the FMLA umbrella.

FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave. When an employee's FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.

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Florida Employee Rights Memo Under the Family and Medical Leave Act