Job Protection Under Different Acts
Learn about job protection under FMLA and state leave laws to safeguard your position while on leave.
Job protection under Family and Medical Leave Act (FMLA)
Under Family and medical leave act, an employee is granted 12 months of unpaid leaves to deal with a physical or mental health problem. However, the act does not apply to employees who work for small businesses. It only applies to businesses that employee at least 50 employees. In order to get the leaves under this act, the employee should have served the company for at least a year or 1250 hours. In case you are on FMLA leave, your employer cannot fire you. He has to give you the same position or equivalent assuming that you can still perform the job.
Job protection under State Leave Laws
Most of the state leave laws provide similar benefits as FMLA. However, there are some state leave laws that are generous enough to continue the benefits while the employee is out on leaves. Check with your state’s Department of Labor or an employment law attorney for information on your state’s leave policies, especially if you aren’t covered by the FMLA.
Professionals at Lyle B. Masnikoff and Associates, P.A will fight to get you the medical or wage benefits you are entitled to under the law. Employers and Insurance Companies have professionals working for them and there are no fees or costs until you recover. It‘s time for you to hire us to protect your rights.
This article is general information, not legal advice. Every case is different - call (561) 598-7120 for a free consultation about yours.