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Family and Medical Leave Act An Introduction for Employers and Employees © 2009 All Rights Reserved.  http:/thewestvirginialawfirm.com/
Family and Medical Leave Act This Act does not apply when your Employer has less than 50 Employees within 75 miles of your workplace. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act To qualify under this Act Employees must have worked for the Employer for at least 12 months. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Also to qualify the Employee must have worked at least 1,250 hours in the previous year. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Under FMLA regulations only unpaid leave is guaranteed. The Employer is liable for pay and benefits while the Employee is on sick leave. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Employees qualify for FMLA when either they or a member of their family suffers from a “serious health condition”. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act The condition must either prevent the worker from performing his or her job . Or require the worker to care for a family member. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Employees can use FMLA for: ,[object Object]
Chronic conditions
Long-term conditions
Hospitalization
On-going treatment ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Pregnancy seems obvious but includes pre natal complications as well as adoption or fostering of a child. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Examples of Chronic conditions are Diabetes and Asthma. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Examples of long-term diseases are Alzheimer's disease and cancer. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Examples of Ongoing treatment include chemotherapy and dialysis. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Three types of FMLA leave: ,[object Object]
Intermittent
Reduced schedule ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act For continuous FMLA leave the Employee must have been absent from work for 3 consecutive days and have been treated by a doctor. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com
Family and Medical Leave Act Intermittent FMLA leave The Employee takes time off in separate blocks for a health condition that qualifies for FMLA. ©  2009 All Right Reserved -  http://www.TheWestVirginiaLawFirm.com

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Family And Medical Leave Act

  • 1. Family and Medical Leave Act An Introduction for Employers and Employees © 2009 All Rights Reserved. http:/thewestvirginialawfirm.com/
  • 2. Family and Medical Leave Act This Act does not apply when your Employer has less than 50 Employees within 75 miles of your workplace. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 3. Family and Medical Leave Act To qualify under this Act Employees must have worked for the Employer for at least 12 months. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 4. Family and Medical Leave Act Also to qualify the Employee must have worked at least 1,250 hours in the previous year. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 5. Family and Medical Leave Act Under FMLA regulations only unpaid leave is guaranteed. The Employer is liable for pay and benefits while the Employee is on sick leave. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 6. Family and Medical Leave Act Employees qualify for FMLA when either they or a member of their family suffers from a “serious health condition”. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 7. Family and Medical Leave Act The condition must either prevent the worker from performing his or her job . Or require the worker to care for a family member. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 8.
  • 12. On-going treatment © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 13. Family and Medical Leave Act Pregnancy seems obvious but includes pre natal complications as well as adoption or fostering of a child. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 14. Family and Medical Leave Act Examples of Chronic conditions are Diabetes and Asthma. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 15. Family and Medical Leave Act Examples of long-term diseases are Alzheimer's disease and cancer. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 16. Family and Medical Leave Act Examples of Ongoing treatment include chemotherapy and dialysis. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 17.
  • 19. Reduced schedule © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 20. Family and Medical Leave Act For continuous FMLA leave the Employee must have been absent from work for 3 consecutive days and have been treated by a doctor. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 21. Family and Medical Leave Act Intermittent FMLA leave The Employee takes time off in separate blocks for a health condition that qualifies for FMLA. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 22. Family and Medical Leave Act Intermittent FMLA leave II Intermittent leave can be taken in hourly, daily or weekly increments. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 23. Family and Medical Leave Act Intermittent FMLA leave III. Intermittent FMLA leave is often taken when an Employee needs ongoing treatment for their condition. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 24. Family and Medical Leave Act Reduced schedule. An Employee needs to reduce the number of hours they work per day or per week. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 25. Family and Medical Leave Act Reduced schedule slide II. This is often to care for a family member, or to reduce stress. © 2009 All Right Reserved - http://www.TheWestVirginiaLawFirm.com
  • 26. Family and Medical Leave Act The FMLA regulations are complex: This presentation has been simplified. Get qualified advice © 2009 All Rights Reserved. http:/thewestvirginialawfirm.com/
  • 27. Family and Medical Leave Act The End © 2009 All Rights Reserved. http:/thewestvirginialawfirm.com/