Discuss the components and purpose of types of leaves-of-absence, in.pdf
- 1. Discuss the components and purpose of types of leaves-of-absence, including FMLA, military, personal, and sabbaticals. If the leave type is mandated by law, discuss the employer responsibilities and benefits to the employee. HERE IS AN EXAMPLE OF HOW IT SHOULD BE FORMATTED: FMLA Components “Provides certain employees with up to 12 weeks of unpaid, job-protected leave per year” and protects group health benefits during the leave; Applies to public agencies, schools, and companies with greater than 50 employees; and Employees are eligible if they have worked for the company for more than 12 months and 1,250 hours over the last 12 months (United States Department of Labor, n.d.) Purpose “To help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons” including the birth of a child, adoption, and caring for self or a family member. “It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women” (United States Department of Labor, n.d.) Mandated by law– yes, Family and Medical Leave Act of 1993 Employer Responsibilities Post a general notice in the form of an FMLA poster; “Provide employees with a general notice about the FMLA; Notify employees concerning their eligibility status and rights and responsibilities under the FMLA; and Notify employees whether specific leave is designated as FMLA leave and the amount of time that will count against their FMLA leave entitlement” (United States Department of Labor, n.d.) Benefits to Employees Allows time off for certain family and medical reasons; Protects their group health benefits from being terminated while they are on leave; Protects other benefits received by the employee; Protects their job while on leave (ie, they must be restored to the same or equivalent job when they return); and
- 2. Protects other benefits such as unconditional pay increases, bonuses or payments (United States Department of Labor, n.d.) Solution Discuss the components and purpose of types of leaves-of-absence, including FMLA, military, personal, and sabbaticals. If the leave type is mandated by law, discuss the employer responsibilities and benefits to the employee. Answer: FMLA The Family and Medical Leave Act Components : The Family and Medical Leave Act (“FMLA”), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious health problems — all without fear of losing their job. The FMLA entitles employees to a total of 12 weeks of unpaid leave during a 12-month period . The FMLA entitles those who have taken leave under the law to return to their previous job,or to an equivalent job with the same pay, benefits, and other conditions. Employers who provide health insurance must also continue to pay their share of the health insurance premium for employees on FMLA leave. Care for newborn or newly adopted children Care for children, parents, or spouses who have serious health conditions Recover from their own serious health condition (including pregnancy and childbirth). Work for a private employer who has 50 or more employees (within a 75-mile radius), the federal government, or a state or local government; and H ave worked for that employer for at least one year and at least 1,250 hours during the last 12 months (an av e r age of 25 hours per week). Purpose : Mandated by law : It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any 4 proceeding, related to the FMLA. The Wage and Hour Division is responsible for administering and enforcing the FMLA for most employees.
- 3. Most federal and certain congressional employees are also covered by the law but are subject to the jurisdiction of the U.S. Office of Personnel Management or Congress. If you believe that your rights under the FMLA have been violated, you may file a complaint with the Wage and Hour Division or file a private lawsuit against your employer in court. Employer Responsibilities : Administering FMLA Entitlements : Employer Notice Requirements and Record keeping Record keeping Requirements Maintenance of Employee Benefits Employer Recovery of Benefit Costs Employee Reinstatement Benefits to Employees : Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. --------------------------------------------------------------------------------------------------------------------- ------------------------------------------------- Military : Components : Annual Leave Sick Leave State Service Unpaid Extended Military Leave Purpose : Military Leave, per the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), covers all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. It applies to the National Guard and reserve military personnel and also applies to persons serving in the active components of the Armed Forces as provided by state and federal law. Mandated by law : Any employee who is called to military service, training, reserve duty, etc., who is not a temporary employee is covered by the federal law. That includes employees on probationary status and employees who have been with their employer for only a few days.
- 4. According to the federal law, Although the leave may be without pay for private employers, the employee must be reinstated to the position held before taking military leave upon successful completion of active military duty. Employer Responsibilities : In case of miletarries , the employers are nothing but the federal government.So Governments responsibly is provide all kinds of leaves , facilities , Food & beverages etc Benefits to Employees : Up to 15 Days Paid Military Leave for Drills and Annual Training Job Protection Application for Reinstatement to Active Employment Status Pay Upon Return to Work from Military Leave Paid Time Off (PTO) (or vacation where applicable) Medical & Dental Coverage --------------------------------------------------------------------------------------------------------------------- ------------------------------------------------- Personal Leaves : Components : Personal leaves have very high scope.The personal leaves may have different reasons.The components of personal leaves are those who directly or indirectly associated with the leaves.Employees may take personal leaves for their specific reasons. Purpose : For the purpose of any personal leave offered pursuant to state law, a registered domestic partner shall have the same rights, protections, and benefits as a spouse and protections provided to a spouse's child shall also apply to a child of a registered domestic partner. (Family Code 297.5) Whenever possible, employees shall request personal leaves in advance and prepare suitable instructions, including lesson plans as applicable, for a substitute employee. Employees can take personal leaves for their any personal reasons may be functions , medical , family oriented etc. Mandated by law : Personal leaves are mandated by LAW , every employer needs to give personal leaves to their employees in a specific no. Thats the right of employee. Employer Responsibilities : 1 ) Make available right no of leaves 2)Timely approval of leaves 3) same rules for every employee 4) Following the proper standards
- 5. Benefits to Employees : 1) Family Responsibility 2) Emergency 3)Society work 4) Outing 5)Short term courses etc --------------------------------------------------------------------------------------------------------------------- ------------------------------------------------- Sabbaticals : Components : Components of Sabbatical leaves are educational institutes , research organizations , scholars , executives, researcher , government etc Purpose : The purpose of the faculty sabbatical program is to enable recipients to be engaged in intensive study in order to become more effective teachers and scholars and to enhance their services to the University. This privilege should be granted to faculty members on the merit of their past academic contributions Mandated by law : These leaves are mandated by law (University & Higher education institutes ) Employer Responsibilities : This is employers responsibilities to provide sabbatical leaves to their employees for their research , higher studies etc. Benefits to Employees : Research Survey Innovation & Inventions --------------------------------------------------------------------------------------------------------------------- -------------------------------------------------