What are the rights of workers under the Family and Medical Leave Act?
Under the Family and Medical Leave Act (FMLA), workers in Georgia have the right to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. This includes leave following the birth, adoption, or foster care placement of a child, caring for an immediate family member (spouse, parent, or child) with a serious health issue, or a worker’s own serious medical issue. During the leave, the employer must continue to provide health insurance for the employee, and upon returning to work, the employee must be restored to the same, or an equivalent job, with the same pay and benefits. Additionally, employers covered by the FMLA must provide workers with notice of their FMLA rights. This includes a general notice of the law’s requirements; information about the employee’s rights and responsibilities; and information about the employer’s duties under the FMLA. The FMLA also has specific rules about how workers must request time off and how employers must respond. Employees must provide their employers with 30 days’ notice of their intent to take leave, if they have given notice, and employers must respond to FMLA requests within five business days. If leave is denied, employers must provide the employee with a written statement of the reason for the denial. Finally, the FMLA prohibits employers from retaliating against workers who exercise their right to take FMLA leave. Employers cannot threaten, harass, or in any way discriminate against employees for taking FMLA leave or filing a complaint about FMLA violations.
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