Does the FMLA provide job protection for employees affected by the closure of a business?
The Family and Medical Leave Act (FMLA) provides job protection to employees affected by the closure of a business in Hawaii. The law offers up to 12 weeks of unpaid leave to employees who experience a qualifying event, such as the closure of a business. Under the FMLA, employees who have been with their employer for at least 12 months are eligible to take the leave. It must be taken within a 12-month period. During the leave, the employer must maintain the employee’s health insurance coverage, and upon returning to work, the employee is entitled to be restored to the same or an equivalent position. The laws governing employee rights in the wake of a business closure vary by state. In Hawaii, for instance, employees may be entitled to job protection when a business closes if they have a written contract or agreement with the employer. Employees may also be entitled to recover any wages owed to them, such as unpaid overtime, vacation pay, or commission pay. Employees who are affected by a business closure should consult with an employment law attorney to determine their rights. Although the FMLA does provide job protection for employees affected by the closure of a business, there may be other state laws that offer additional protections or remedies.
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