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LSDefine

Simple English definitions for legal terms

leave year

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A quick definition of leave year:

Leave year: A leave year is a time when an employee can take a leave under the Family and Medical Leave Act (FMLA) if they work for a covered employer. A covered employer is generally a private employer with 50 or more employees, government agencies, and elementary and secondary schools. To be eligible for FMLA leave, the employee must have worked for the covered employer for at least twelve months, worked for at least 1250 hours in the 12 months before taking the leave, and work at a location where the employer has at least 50 employees within 75 miles of the worksite. The employee can take up to twelve weeks of unpaid job-protected leave during any 12 months period for reasons such as a serious health condition, military deployment, or the birth or placement of a child for adoption or foster care. When the employee returns from the FMLA leave, the employer must return the employee to the same job or another nearly identical to it, with equivalent pay, benefits, and other employment conditions.

A more thorough explanation:

According to the Family and Medical Leave Act (FMLA), a leave year is a right an employee has to take an FMLA leave, provided the employee works for a covered employer.

For example, if an employee works for a private employer with 50 or more employees, government agencies, or elementary and secondary schools, they are eligible to take up to twelve weeks of FMLA unpaid job-protected leave during any 12 months period. During the FMLA leave, the employee will not get paid but will continue with health insurance coverage.

The employee may take the FMLA leave for any of the following reasons:

  • For a serious health condition affecting the employee’s capacity to work or affecting the employee’s spouse, child, or parent, to take care of any of them.
  • For a military deployment, or to take care of a covered servicemember with a serious injury or illness.
  • For the birth of a child or the placement of a child for adoption or foster care.

When the employee returns from the FMLA leave, the employer must return the employee to the same job or another nearly identical to it, with equivalent pay, benefits, and other employment conditions.

Overall, a leave year is a right an employee has to take an FMLA leave for specific reasons, provided they work for a covered employer and meet certain eligibility requirements.

least restrictive environment | Lee v. Weisman (1992)

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