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FMLA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
My understanding is that FMLA requires employers to grant eligible employees up to a total of 12 weeks of unpaid leave for the birth of a child. I've been told recently by one of my peers that a compa
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FMLA
posted at 6/18/1999 2:49 AM EDT
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Posts: 2
First: 6/18/1999 Last: 3/15/2000 |
My understanding is that FMLA requires employers to grant eligible employees up to a total of 12 weeks of unpaid leave for the birth of a child. I've been told recently by one of my peers that a company can refuse to allow an eligible employee to take this much time off. Is she correct? |
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FMLA
posted at 6/19/1999 8:12 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
Technically...maybe.
There are a few instances. 1. The employee is a "key" employee. There are other laws that protect pregnancy/maternity rights, but a "key" employee would most likely be limited to strictly a maternity leave under those laws, with no "family" leave for bonding, etc, and no job-protection under the FMLA. 2. The employer is too small. (less than 50 employees). Same deal as far as benefits under other laws. 3. The birth qualifies as a reason, but the employee does not have enough service time. The employee would need a work history with that employer of at least 12 months (not necessarily contiguous) and 1000 hours of work within the 12 months prior to the leave. 4. The spouse also works for the employer. Their combined leaves would not be allowed to exceed 12 weeks. 5. Prior to the leave, the employee expresses an intent NOT to return. It's very important for the employee to comply with the notification requirements set in the FMLA notice set to the employee. 6. The employee failed to ask for leave and provide certification of the need, and/or the employer was not advised 30 days in advance of the leave. It's the employee's responsibility to make the need known "officially"; relying on the employer to notice a pregnant employee and assume the need is a bad idea. 7. The employee quits while on leave. Other than those, I can't see where the employer can refuse. For qualified employers, the Act is not negotiable. |
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FMLA
posted at 6/20/1999 6:00 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Wow, that beats the answer I was going to write. I was just going to say that if the employer and the employee both qualify under FMLA, an employer cannot deny FMLA leave to the employee (except under extremely limited circumstances).
Jim's answer lists almost all of the qualifications and the special circumstances which one could think of in response to this question. (Maybe I should just go on vacation!) |
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