Albo & Oblon, L.L.P - Arlington/Main Office.
2200 Clarendon Blvd., Ste. 1201
Arlington, VA 22201
(703) 312-0410
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Albo & Oblon, L.L.P -- Fairfax County Office
6367 Rolling Mill Place, Suite 102
Springfield, VA 22201
(703) 455-0046
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Albo & Oblon, L.L.P. -- Norfolk/Hampton Roads Office
World Trade Center
101 West Main Street, Suite 435
Norfolk VA 23510
(757) 200-7900
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Albo & Oblon, L.L.P. -- Washington, D.C./Maryland Office
641 Indiana Avenue, N.W., Second Floor
Washington, DC 20004
(202) 386-7470
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The Family Medical Leave Act--What Employers and Employees Should Know
Q: What is the new Federal Family Medical Leave Act?
A: The Family Medical Leave Act (FMLA) of 1993 sets forth federal requirements regarding Employer - Employee relationships and leave. The Act was designed to "balance the demands of the workplace with the needs of the family." It basically allows the employee a total of 12 work weeks during a 12 month period to care for a new child, for serious illness of an employee, or a serious illness of an employee's family member. Briefly stated, an employer must allow an employee to take up to 12 weeks off from work when that employee is pregnant, seriously ill, or taking care of a seriously ill family member.
Many legal questions arising over the ambiguity of this new law. What qualifies as a serious illness? What qualifies as a family member? Since this law is new, the Courts have not resolved many issues, leaving this area ripe for litigation. On the employer's side, in order to determine if the requested leave qualifies for protection under the FMLA, an employer must be able to establish the reason and legitimacy for an individuals' leave. Employers need to know whether a particular absence is protected under the FMLA, and therefore, whether it should be counted against the employee as an un-excused absence. For example, if an employer allows an employee two weeks of sick leave, and the employee has already used the two weeks, and then calls in sick a number of other days, the employer must determine whether the days of absence are protected under the Family Medical Leave Act before he or she could fire the employee. An employer should inquire as to how long the employee was out, whether the employee went to a doctor or other health care provider, or whether the employee completed the appropriate certification forms from the employer to show that the leave was covered.
It is important for employers to preserve evidence as to the reasons for the leave so that they can create a paper trail to protect themselves from potential law suits. On the other hand, an employee should also leave a paper trail to justify leave under the FMLA.
The definition of a serious medical condition is perhaps the biggest problem under this Act. The Department of Labor has developed a standard form that employers can send health care providers to gather information about the date the condition began, probable duration of the condition, medical facts about the condition and whether the employee needs a reduced schedule. Employees must provide similar documentation about the serious medical condition of a family member.
The FMLA must be set forth in any Employees' Handbook distributed by an employer. Thus, if the employer has an Employees' Handbook, it is required by law to include therein the provisions of the Family Medical Leave Act. |
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Serving the Commonwealth of Virginia, the District of Columbia, and the State of Maryland
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