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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.
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.
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.
Unemployment is not meant to be sick leave, but a loophole in this rule potentially nets you benefits if you need them. Learn: Private Sector Added 807,000 Jobs in December, Still 4 Million Short ...
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.
The company was required by law to make accommodations for him, attorney says.
Employees must give notice of 30 days to employers if birth or adoption is "foreseeable", [158] and for serious health conditions if practicable. Treatments should be arranged "so as not to disrupt unduly the operations of the employer" according to medical advice. [159] Employers must provide benefits during the unpaid leave. [160]
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