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FMLA Montana

Posted by Diane

The Family and Medical Leave Act is the federal Act that ensures that employees may be able to take time away from work in order to tend to qualifying medical conditions that relate to themselves or to covered family members. Because the Act is a federal Act, it may apply to employees in Montana in the same way that it applies to employees in states across the country.

Employees must meet certain requirements in order to be eligible to take time off of work for FMLA coverage. For example, the employee needs to have been employed by a 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 is eligible to take FMLA time 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 time off. Also, the employee should not be discriminated against by the employer for reasons that are directly related to having taken the FMLA time off.

Employees may be able to take up to 12 weeks off of work each year for a qualifying reason. That FMLA time off should be the same for male and female employees.

·         To care for their own health-related issues

·         To care for a spouse

·         To care for a child that is under the age of 18

·         To care for a parent, as long as the employee is over the age of 18 and as long as the parent is a biological parent and not an in-law

·         To care for a new born child, a newly adopted child, or a child recently taken in through foster care. CB

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