How does the FMLA protect employees?
The Family and Medical Leave Act (FMLA) of 1993 is a federal law that grants employees the right to take unpaid leave from work for up to 12 weeks to attend to certain health and family issues. In the state of Florida, the law applies to all employers with 50 or more employees. Under the FMLA, eligible employees are guaranteed time off work for: 1) parenting and caring for a newborn or adopted child; 2) taking care of a family member with a serious health condition; 3) taking care of their own serious health condition; and 4) attending to certain qualifying exigencies arising from a family member’s deployment in the military. The law protects employees from “interference” and prevents employers from discriminating or retaliating against those who take FMLA leave. This means employers cannot fire, demote or otherwise penalize employees for taking FMLA leave. The law also allows workers to regain their previous position or an equivalent one when they return from their leave. Finally, the FMLA ensures that employees’ health insurance coverage is maintained and that employers continue to contribute to the insurance premium during the period of leave. This provision allows employees to come back to work with the same health insurance coverage they had before their leave.
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