My Current State: 

FMLA Kansas

Posted by Diane

The Family and medical Leave Act is a federal Act that is in place for employers and employees in states across the country. The Act helps to ensure that if an employee needs to take time away from work for a qualifying medical condition, the employee can take up to 12 weeks off of work.

Not all employees will be covered by the Act. In fact, in order for an employee to be covered by the Act, the employee not only needs to request the time off for covered reasons, but the employee also needs to have worked for the covered employer for at least 1,250 hours out of the previous year. A covered employer is one that has at least 50 employees that work within a 75-mile radius of the employee that wishes to take the FMLA time off.

When an employee takes time off under the FMLA, the employee can take up to 12 weeks off. The employee should be able to return to work at the end of the period of time off to have the same job or an equivalent job as well as the same salary and benefits as the employee had prior to taking the FMLA time off. Also, employers cannot discriminate against employees that have taken FMLA time off for reasons that are related to the time off.

Covered employees may be able to take time off for the following reasons:

·         To care for their own medical needs

·         To care for the medical needs of a spouse

·         To care for the needs of a child, as long as the child is under the age of 18

·         To care for the needs of a parent, as long as the parent is a biological parent and not an in-law

·         To care for a newborn child, a newly adopted child or a child recently taken in through foster care. Both male and female employees can take time off for these reasons. CB

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