Does the FMLA provide job protections if an employee is called to active duty?
Yes, the Family and Medical Leave Act (FMLA) in Washington State does provide job protections if an employee is called to active duty. The Washington State Legislature amended the FMLA in 2003 to provide job protection for employees who are called to active military duty. This amendment allows an employee called to active duty to either take unpaid leave for the purpose of military service, or return to their job upon the completion of active duty. When returning to work, the employee is also entitled to the same or an equivalent job position with the same benefits as if they had never left. Employees that take unpaid leave for military service cannot be held responsible for any wages lost due to their absence, nor can they be discriminated against due to their military service. Employers are also legally required to inform an employee of their rights under the FMLA if they are called to active duty. This includes informing the employee of their leave rights and job protection rights, as well as the rights of their family members. In sum, the FMLA does provide job protections if an employee is called to active duty in Washington State. This amendment helps protect those who are serving or have served in the military, while also ensuring that they are able to continue living their life with the same benefits and job protections as when they left.
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