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Leave
Many employees find themselves having to take time off from work to deal with family medical issues. The law that applies to this type of leave is The Family and Medical Leave Act (FMLA).

Family and Medical Leave Act (FMLA)
The Family and Medical Leave act allows a covered employee to take up to twelve weeks off of work to attend to certain family responsibilities. These responsibilities include the birth of a child, care of a sick family member, adoption of a child and an employee's own sickness. This leave is taken as unpaid, as the law does not require the employer provide this leave on a paid basis.

The FMLA is applicable to employers who employ fifty or more workers and are engaged in commerce or in an industry that affects commerce. Government and public sector employers, including (public and private) school and local government employers, are require to provide FMLA, without regard to the number of employees they have. In order to be eligible for FMLA leave, employees must have been employed by a covered employer for at least twelve months (or have worked at least 1,250 hours within the previous twelve months before FMLA leave commences).

Discrimination laws have a direct impact on FMLA. FMLA prohibits an employer from retaliating against an eligible employee who exercises their right to take FMLA leave. An employee who has taken FMLA leave must be reinstated into the same or similar job with the same benefits and responsibilities.

An employee is not required to take all of their available FMLA leave at one time. The twelve weeks can be taken intermittently. However, all leave must be discussed and approved by the employer.

FMLA is designed to allow for a (potentially) scheduled leave from work to tend to family matters. During which time, the employer is unable to discriminate or retaliate against the employee for taking time off from work.

Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your employment law needs.
FAQ's
Q: How do I find out if a(n) (potential) employee is legally permitted to work in the United States?
A: Before hiring a new employee the federal government requires that the (potential) employee fill out an I-9 form. This form asks for proof of eligibility to legally work in the United States. This form does not have to be turned into the federal government but must be kept on file for at least three years and be open to inquiry by government officials.

Q: Is disability an acceptable reason for refusing to hire a person?
A: This is only an acceptable reason if the disability will prevent the employee from performing an essential function of the job. However, if there can be a reasonable accommodation made that will permit the disabled applicant to perform the essential task, the accommodation must be made.

Q: Is disability an acceptable reason for refusing to hire a person?
A: This is only an acceptable reason if the disability will prevent the employee from performing an essential function of the job. However, if there can be a reasonable accommodation made that will permit the disabled applicant to perform the essential task, the accommodation must be made.

Q: Do I have to give reasons for not hiring someone?
A: No. A reason does not have to be given for not hiring an employee. But caution should be taken if there is the possibility that an illegal decision was made.

Q: How much do I have to pay my employees?
A: Compensation depends on the employee. Generally, if the employee is not in an executive, professional, or supervisory role, you would have to pay the individual at least minimum wage (state or federal, which ever is higher). Keep in mind also that some industries and other categories of employees may fall under certain minimum wage exemptions.

Q: Can I fire an employee for any reason?
A: The answer to this question depends on the state and the type of job the employee holds. Most states have what is called "at-will" employment. This means that the employee can be fired at any time for any legal reason. Some jobs are covered by contract in which case a legitimate reason would have to be offered for termination.
Resources
This site features all of the federal government information of employment practices and laws regarding such things as wages and hiring. This site also provides links to state law documents.

This site provides an overview of laws within the scope of the EEOC. These laws include Title VII of the Civil rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The site also features a short question and answer section.

Official United States Government Website - The official U.S. government website provides both general information and also access to online forms for use by an employer. Links to the IRS and the United States Citizenship and Immigration Service are provided.

Legal Information Institute - This site provides general legal information about employment law. The site also provides information on specific employment related subjects such as pensions and workers' compensation.

Occupational Safety and Health Administration - This site provides detailed information on safety standards that have to be followed in most industries. This link is both employee and employer centered.