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subject: Does Your Employer Comply With The Family Medical Leave Act? [print this page]


Working mothers have a difficult time with balancing family responsibilities and work responsibilities. This careful balancing act provides one of the greatest areas of stress in a modern woman's life if she chooses to have children and a career. Many employers want the full commitment of their female employees while resisting the reality that these women are often the responsible caregivers for not just their children when ill, but also their spouses and parents.

Provides that a person(not just a woman) is allowed up to twelve weeks of unpaid, job protected leave to care for a new child(whether the birth of a son or daughter, or the adoption or placement of a child into the foster care system), to care for a seriously ill or injured family member, to recover from their own serious illness, or to take care of qualifying exigencies arising from the deployment of a family member. The Family Medical Leave Act states that eligible workers are guaranteed restoration to the same position upon return to work, protection of employee benefits while on leave, protection from their rights under the Act interfered with or denied by their employer and protection from retaliation from their employer for exercising their rights as defined by the Act.

Sadly, not all workers are eligible for job protection under the Family Medical Leave Act. Not covered are part-time workers, workers in the airline industries, workers in businesses with less than 50 employees, workers who need time off to recover from short term illnesses like colds or to care for a family member with a short term illness, and workers who need time off to care for their domestic partner, the children of their domestic partner or seriously ill elderly relatives. It also does not cover workers who need time off for routine medical care like checkups. Most Houston, Texas employers have made in-company policies that provide for the care of short term illness and needs for time off in case of colds and routine medical care.

If you feel your rights have been interfered with or denied by your employer, seek a attorney who specializes in labor and employment law. Having a lawyer on your side makes it easier to establish a wrongful termination suit in the event of job loss due to a violation of the Family Medical Leave Act. Knowing your rights is the first step to protecting your rights.

by: Art Gib




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