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What falls under FMLA? (Family Medical Leave Act)

On Behalf of | May 25, 2015 | Firm News

FMLA, also known as the Family Medical Leave Act, allows you to take up to 12 weeks of leave under certain circumstances if you have a medical issue or need to care for a family member. While this leave is unpaid, your job is protected during this time, and your employer must continue to pay for your group health insurance coverage if they already do so.

You are eligible to take 12 weeks of FMLA per 12 month period under the following circumstances:
-You have given birth to a child or are the spouse who is a parent of a newborn, within one year of the child’s birth.
-You have adopted a child or have had a child placed with you for foster care within the past 12 months.
-You must care for a spouse, parent, or child with a serious health condition.
-You have a serious health condition that makes you unable to perform the basic functions of your job position.

If your spouse, son, daughter, parent, or next of kin is a member of the military who has a serious illness or injury as a result of his or her service, you may be eligible for 26 weeks of leave during a 12 month period.

To be eligible for FMLA, in addition to having one of the circumstances above, you must also work for a qualifying employer. This includes all public agencies as well as any private employers who have at least 50 full time employees for at least 20 weeks out of the year.

You must also have worked at least 1,250 hours during the full year before you start your covered leave and have worked for this employer for at least 12 months, although the 12 month period does not need to be consecutive.

If you have questions about the Family Medical Leave Act or believe you are being unfairly denied leave under FMLA, you may want to consult a family law or employment attorney. He or she can help ensure your job remains protected while you take the time off to which you are entitled by federal law.

My company is selling, but they aren’t offering us severance packages

Typically, severance pay laws do not require that employers have to give a severance package to any of their employees that are fired or laid off. While most companies do offer these kinds of packages, it’s not mandatory. However, in your case where a company is selling, you should be receiving a severance package.

While this is not the case in all states, many do have laws in place that require employers to offer terminated employees severance pay when either they are let go because the facility they work in is closing or the company is laying off a lot of their employees. Of course, it depends on the state you live in and the state’s laws, but in this case most employers have to hand over a small amount of severance pay. The best way to figure out what the law is in your state is to contact your state’s labor department.

This is not the only situation, though, where an employer is legally obligated to lend a severance pay to their employees. Employers are legally require to give their terminated employees severance pay if they misled their employees into thinking that they would be paid severance for their time with the company. There has to be evidence for this such as a written contract, a promise listed in an employee handbook, a history within the company of delivering severance packages to employees in the same boat or even just an oral promise. Even when there isn’t a legal requirement, many companies give their terminated employees a severance pay if they were long-term employees. These companies may feel it is the right thing to do, as sort of a thank you for the employee’s loyalty and hard work.

If you want to make sure that you are entitled to a severance package when the business you work for is selling, you must speak with an expert in an area. Talk with a lawyer that is located right in your state. They will be able to tell you what the laws are where you live and if you qualify for a severance package. With this information, you can make sure that you are not being taken advantage of and are receiving exactly what you deserve. These severance packages make a huge difference to you and your loved ones’ financial well-being so this is definitely a step you should look into.