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To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours over the past 12 months, and work for an employer with at least 50 employees within a 75-mile radius. Several states have passed laws providing additional family and medical leave protections for workers.
The FMLA also authorizes employees whose rights under the FMLA have been violated to sue their employer for equitable relief and money damages. [3] In enacting the FMLA, Congress invoked two of the powers it possesses under the Constitution. In regulating private employers under the FMLA, it invoked its power under the Commerce Clause.
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
According to Michele Evermore, senior policy advisor for unemployment insurance at the U.S. Department of Labor, individuals who test positive for COVID-19 and stay home to recover are not ...
The phrase "constructive dismissal" describes situations where the employer has not directly fired the employee. Rather the employer has: failed to comply with the contract of employment in a major respect; unilaterally changed the terms of employment, or; expressed a settled intention to do either thus forcing the employee to quit
The company was required by law to make accommodations for him, attorney says.
The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is (1) due to an employee's fulfilment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.
While the main formal term for ending someone's employment is "dismissal", there are a number of colloquial or euphemistic expressions for the same action. "Firing" is a common colloquial term in the English language (particularly used in the U.S. and Canada), which may have originated in the 1910s at the National Cash Register Company. [2]