The Family and Medical Leave Act--key provisions and potential problems |
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Authors: | Shaller E H Qualiana M K |
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Institution: | Dow, Lohnes & Albertson, Washington, DC. |
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Abstract: | The recently enacted Family and Medical Leave Act requires larger employers to provide eligible employees with up to twelve weeks of unpaid leave for certain medical and family-related reasons. This article addresses who the law applies to; the circumstances when leave must be granted; how the leave period is supposed to be scheduled; various notice, scheduling, medical certification, and reporting requirements; reinstatement and continuation-of-benefits requirements; and other key provisions of the Act. The basic requirements of the Act are not complicated, but certain issues that are not addressed by the Act or its legislative history--such as what qualifies as a serious health condition justifying a leave, when an intermittent or reduced schedule leave may be taken and how such schedules are determined, and how differences with state family and medical leave laws are to be reconciled--will have to be resolved by administrative regulation or litigation. |
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