REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW: LEAVE REQUIREMENTS

FAMILY AND/OR Medical

FMLA The Family and Medical Leave Act allows up to 12 weeks of unpaid job-protected leave in a 12-month period for the birth or adoption of a child, to care for a close family member who has a serious health condition, for an employee’s own serious health condition, and when a close family member is called to active military service. It also allows up to 26 weeks of unpaid leave in a 12-month period to care for a close family member with a serious health condition occasioned by a period of active military duty. An eligible employee must have worked for the employer for at least 12 months, and for at least 1250 hours during the preceding 12 months (within 75 miles of 50 other employees). The FMLA applies to all employers with 50 or more employees. It is the employer’s obligation to designate the leave as FMLA leave.

DISABILITY

ADA The granting of unpaid leave may be a "reasonable accommodation" under the Americans with Disabilities Act. The ADA also requires employees to provide reasonable accommodations to otherwise qualified employees to assist them with their ability to perform their jobs, provided it does not impose an undue hardship on the employer.

MILITARY

USERRA The Uniformed Services Employment and Reemployment Rights Act provides for military leave and protection of pay and benefits for up to 5 years for military leave. Employer must reinstate veteran to position veteran would have held had he/she not taken leave. Returning veterans enjoy protection from termination for either 6 or 12 months, depending on the length of the leave taken.

JURY

Federal law prohibits discrimination against employees who take leave to serve on a federal jury.



REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW. This guide provides information about the basic requirements for employers under federal labor and employment laws. Greenwald Doherty’s REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW is for informational purposes only and is not legal advice, or a substitute for legal advice. These materials have been prepared by Greenwald Doherty LLP and should not be reproduced without permission. © 2009 Greenwald Doherty LLP, all rights reserved.