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LSDefine

Simple English definitions for legal terms

Family and Medical Leave Act (1993)

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A quick definition of Family and Medical Leave Act (1993):

Family and Medical Leave Act (1993)

The Family and Medical Leave Act is a law that says if you work for a big company, you can take up to 12 weeks off work if you have a new baby or if you or someone in your family is very sick. You won't get paid during this time, but your job will be saved for you when you come back. To use this law, you have to work for your company for at least a year and have a good reason to take time off. If your company doesn't follow this law, you can tell the government or sue them.

A more thorough explanation:

The Family and Medical Leave Act of 1993 is a federal statute that requires employers with 50 or more employees to allow those employees to take up to 12 weeks of unpaid leave in the event the employee has a newborn child or the employee / employee’s close relative suffers a debilitating injury.

For example, if an employee's spouse is diagnosed with a serious illness, the employee can take up to 12 weeks of unpaid leave to care for their spouse without fear of losing their job.

To qualify for leave under the Family and Medical Leave Act, an employee must have worked for their employer for at least 12 months, must have been employed for 1250 hours of service, and must have a qualifying justification to invoke the protections of the act. If these conditions are met, the employer must grant the employee their job back once they return from leave.

For example, if an employee has worked for their employer for 2 years and has worked at least 1250 hours in the past year, they can take up to 12 weeks of unpaid leave to care for their newborn child without fear of losing their job.

An employee who believes their employer has violated the Family and Medical Leave Act can choose to either file a complaint with the U.S. Secretary of Labor or file an independent lawsuit against that employer.

For example, if an employer refuses to grant an employee their job back after they return from leave, the employee can file a complaint with the U.S. Secretary of Labor or file a lawsuit against their employer.

family allowance | Family and Medical Leave Act (FMLA)

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