Does the FMLA guarantee job protection for military families?
Yes, the Family and Medical Leave Act (FMLA) does provide job protection for military families in Tennessee. This federal law ensures that employers must provide an eligible employee with up to 12 workweeks of unpaid leave in a 12-month period for certain family and medical reasons, and caring for a covered service member is one such reason. This includes both active duty and veterans, and a family member is defined as the employee’s spouse, child, or parent. This job protection applies to all employers with 50 or more employees, and any employee who has worked for the employer for at least 12 months and for at least 1,250 hours in the past 12 months is eligible. It also applies to public agencies and local educational agencies, regardless of size. The employee must also provide the employer with 30 days’ notice when the leave is foreseeable, and the employer may require the employee to provide certification of the need for leave. The employer must return the employee to the same or an equivalent position upon their return from leave. The FMLA also provides job protection for certain family members of veterans or Reservists who are called to active duty. The employee must be able to provide proof of their relationship to the service member, and when the employee returns from leave the employer must reinstate them to the same or an equivalent position. In summary, the Family and Medical Leave Act does provide job protection for military families in Tennessee. Eligible employees are able to take up to 12 weeks of unpaid leave for certain family and medical reasons, and this leave is granted with job protection.
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