The labor law recognizes the growing needs of balancing family, work, and obligations and promises numerous protections to workers. Some of these protections include:
- Up to twelve (12) work weeks of unpaid, job-protected leave for various reasons such as
- Caring for the birth of a son or daughter or the adoption or placement into foster care of a child
- Caring for a child, spouse or parent with a serious health condition
- For one's own serious health condition
- Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.
- Protection of employee benefits while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on leave.
- Protection of the employee to not have their rights under the Act interfered with or denied by an employer.
- Protection of the employee from retaliation by an employer for exercising rights under the Act.
Generally, the Act ensures that all workers are able to take extended leaves of absence from work to handle their own or an immediate family member's serious health condition without fear of being terminated from their jobs by their employers or being forced into a lower job upon their return.
The leave guaranteed by the act is unpaid, and is available to those working for employers with 50 or more employees within a 75 mile radius. In addition, an employee must have worked for the company at least 12 months and 1,250 hours in the preceding 12 months.
Do you think the FMLA is enough for the citizens of the United States?
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Very well framed as a question.
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