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(USGovernment-News.Com, July 11, 2013 ) Phoenix, AZ – Wage workers in Arizona and across the United States are protected by a federal law known as the Family and Medical Leave Act (FMLA) if they need of a leave of absence from their job to recover from illness, care for a sick loved one or for another reason related to family or medical circumstances.
If an employer breaches the stipulations of that act, the employee can fight for their rights and may gain compensation because the employer failed to protect the rights provided to them by FMLA. In a recent case of termination after FMLA-approved leave, a judge ordered a Phoenix delivery driver reinstatement and back wages from his job, when he was terminated after the end of his approved, FMLA-covered leave.
Mary Beth Maxwell, acting deputy administrator of the Wage and Hour Division, said, "This case is a real victory for workers and families seeking justice against unlawful employment practices. An employee was suddenly left without a job, paycheck or medical benefits when the company changed hands. He and his family suffered emotional and financial stress at a time when they could least afford it."
FMLA is in place to provide those employees with specific benefits that give them time off to handle their situation while maintaining the peace of mind that, upon the completion of their leave of absence, their current position is secure.
To qualify as an employee covered by the Family and Medical Leave Act, an employee must work for a company that has 50 or more employees and is within 75 miles of the workplace; have worked for the employer for at least one year prior to taking the leave, accruing a minimum of 1,250 hours within that year.
FMLA extends the following benefits to those covered employees:
• 12 weeks of unpaid leave in any 12 month period
• An employer cannot fire the employee for taking the unpaid leave
• The same or an equivalent job upon returning from the leave, with the same medical benefits
• Any raises received by workers in the same position must be given to the employee upon return
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