The FMLA covers both public- and private-sector employees, but certain categories of employees, including elected officials and highly compensated employees, are excluded from the law or face certain limitations.
 Their employers are not required to restore them to their original position (or an equivalent position with equivalent pay and benefits, as is guaranteed to other employees) if the employer determines that denying the employee their position is “necessary to prevent substantial and grievous economic injury to the operations of the employer”  and the employer provides the worker with notice of this decision, though no time frame for providing this notice is established. 29 USC §2612(f) “the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks”. Massachusetts. Employees must have worked over 12 months and 1250 hours in the last year (around 25 hours a week). They are defined as “a salaried eligible employee who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed”.
The law only applies to companies with 50 or more employees who work within a 75-mile radius. “No law is mightier than understanding – Plato”. Rhode Island: Domestic partners of state employees, parent-in-law. ", Berger, L.M., Hill, et al. FMLA is designed to protect the workers of this nation, allowing them the ability to take needed time off from work with the peace of mind that they will not lose their job. For instance, all Western European nations have maternity paid leave and over half have paternity and sick child care paid leave, while the United States has no paid leave. Throughout history, gender discrimination towards women was common; certain laws were placed that would restrict a woman's option in choosing a working position, as well as, how many hours she could work ei. After unpaid leave, an employee generally has the right to return to their job, except for employees who are in the top 10% of highest paid and the employer can argue refusal "is necessary to prevent substantial and grievous economic injury to the operations of the employer. Gregg, P.E., Washbrook et al.  And according to Pyle and Pelletier, eligible workers may not even know about this policy and the benefits allotted to them. FMLA is a federal law, but may have state equivalents. As you can imagine, employers are not thrilled with the prospect of employees being able to leave their jobs for extended periods of time without the employer being able to replace them. 2601; 29 CFR 825) to take effect on August 5, 1993. The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take a leave of absence — without losing their job — because of their own or an immediate family member’s medical condition or other family responsibility. FMLA also mandates that employers maintain health insurance for qualified workers while out on leave.
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