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The Family Medical Leave Act (FMLA) was implemented on August 5, 1993, but this was signed by President Bill Clinton on February 5, 1993. The main aim of the FMLA was to ensure that employers give job-protected unpaid leave (for medical and family reasons) to their eligible employees. Job-protected unpaid leave may be granted for personal or family illness, military service, family military leave, pregnancy, adoption, or foster care of a child. Generally, the employers do not follow the provisions laid down in the act. In addition, the provisions may not be interpreted correctly. Below are a few questions that have been answered regarding this: Q. In Arizona State, provide details of the law on FMLA termination?
Arizona is a back-to-work state where an employee cannot be forced into maintaining a job. The services of an employee may be terminated for any reason at any time. However, the termination should not be because of a reason that is against the law and is discriminatory. For instance, termination should not be done because one did not illegally destroy dangerous waste. One should not be fired considering one’s race, gender, religion or national origin. In the event that a person takes FMLA leave and this person is terminated due to it; it would be considered as discrimination. Any business that employs 50 or more people would come under the purview of the FMLA. As per this act, if an employee is employed with a company for more than one year and has worked for more than 1,250 hours in the year; he/she may be eligible to take 12 weeks of unpaid family medical leave. Q. When does an employee become eligible to get paid for Family Medical Leave?
Employees cannot be paid for FMLA leave as it is not a paid leave. However, the insurance coverage of the employee who goes on FMLA approved leave should be continued by the employer. It is not required that the employee be paid salary during FMLA leave. It is a common misconception amongst employees that FMLA is a paid leave. Q. If a woman who is working in a hospital is pregnant; can she be forced to take FMLA leave?
If FMLA leave is the only kind of leave that is available for the employee (as all other kinds of leaves were already availed); then the employer may be forced to send the employee on FMLA leave. It is also possible that the employers are trying to play it safe so that they are free from any complications that may arise from working while pregnant. An employee who is pregnant is also covered by Title VII and the Americans with Disabilities Act, and the Pregnancy Discrimination Act. Employers should allow the pregnant woman to work if she is able to discharge her work duties. On the contrary, if the employer insists that the employee takes FMLA leave; then a local employment lawyer may be contacted for direction. In addition, the employee may seek reasoning from the employer for insisting on sending the employee on FMLA leave when the doctor has given permission to work. Q. What are the kinds of illness that FMLA covers?
Listed below are the kinds of illnesses that are covered by the FMLA:
• Injury that leaves a person impaired
• Physical or mental condition that requires hospitalization
• Hospice
• If a person is in a residential medical care facility
• If the person needs treatment two or more times by a health care physician
• If they are not able to go to school, work or perform other daily activities
• If the illness is permanent or long-term
• If it is the result of a treatment that was not effective. Q. As per the FMLA, what qualifies as a public company? Is a doctor’s office considered a public company?
Any company that has issued stocks or other securities is called a public company. Generally, a doctor’s office would not have been incorporated as a public company as there may be no benefit due to it going public. In all probability, the doctor’s office would be considered as an S or LLC. The provisions, benefits, limitations, etc. of FMLA may be confusing and one may not be able to judge if one is eligible for FMLA leave or not. In such a scenario, it is best to consult an employment lawyer who will be able to guide you.
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