Transcript
00:06
good day my name is Maurice Arcadier I’m a partner in the law firm of Alan Arcadia PA located in Central Florida in its basic sense employment law is a relationship between the employer and the employee there are very few laws that actually protect employees Most states have what is called
00:23
employment and at will there are a few exceptions to this Doctrine and that exception deals with the rights afforded to employees and this is what employment law attorneys do either from the plaintiff side or from the defendant side today’s topic is going to be the
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Family Medical Leave Act established in 1993 through Congressional legislation the Family Medical Leave Act otherwise known as the FMLA gives employees certain rights what the FMLA provides is for the employee to take up to 12 weeks off but the employer does not have to
00:55
pay the employee salary all the employer has to do is guarantee the EMP employees’s job when the employeer returns from the leave if the employee must take more than 12 weeks then he’s no longer covered and the employer can terminate the employee at that time now not all employees are covered by the
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FMLA the employee must work for a large employer and the law defines a large employer any employer with 50 or more employees within a 75 mile radius additionally for an employee to be covered it must be based on a significant medical condition either for himself his spouse or his
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children a a significant medical condition is defined as anything that takes you out from work or necessitates you to leave from work for more than three days under doctor’s care and the employee must not should notify the employ the employer as soon as possible unless it’s a medical
01:53
emergency the law requires that the employee if he knows that he’s going to be out 30 days in advance to notify the employer 30 days in advance let me give you an example of an FMLA situation let’s say that you’re working for an employer with 50 or more employees in
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one location and let’s also assume that there’s a medical emergency or a medical situation of an immediate family member such as your child as soon as you know of the medical condition of your child you should inform your employer what the medical condition is the employer is
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entitled to know what the medical condition is and the employer can dispute it if the employer feels that it’s not legitimate upon informing your employer that you need to take FMLA leave the employer should provide you paperwork if he doesn’t you simply need to inform your employer in writing the
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fact that you’re going to take FMLA leave at that point in time during that duration you’re entitled to be off and your job will be guaranteed so long as you return to work within a 3-month period if you’re unable to return within the 12we period it is at the discretion
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of your boss or your employer what they decide to do most employers most large employers do permit employees to take extended leave of unpaid leave after the 12 weeks but the law does not require it there are a lot of issues surounding the FMLA and when an employee is entitled to
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take leave and for how long you should discuss any FMLA issue that you have with a qualified attorney who specializes in employment law so they can properly evaluate what your rights are under the ACT
