Are employees entitled to job-protected leave for the death of a family member?
Yes, employees in Washington are entitled to job-protected leave for the death of a family member. This is provided for under the federal Family and Medical Leave Act (FMLA). According to the law, employees are eligible to take up to 12 weeks of unpaid, job-protected leave in certain circumstances, including the death of a family member. In Washington, employees are eligible to take FMLA leave if they are employed at a business with at least 50 employees within 75 miles of their workplace, or if they are employed by the State or Federal Government. Additionally, employees must have worked full-time (by either clocking in at least 1,250 hours in the 12 months prior to taking the leave, or working at least 24 months with the same employer by the time they take the leave) in order to be eligible for the leave. When an employee takes FMLA leave for the death of a family member, they are entitled to their job back at the same pay, benefits, and other conditions of their employment for up to 12 weeks. This means that the employee’s job and benefits should remain the same until their leave is over. The employer also can’t replace the employee or reduce their hours or salary during the course of the leave.
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