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Employee Rights, Family and Medical Leave

 

Section 202 of the Congressional Accountability Act (CAA) applies certain rights and protections of the Family and Medical Leave Act of 1993 (FMLA) to covered employees. These rights and protections entitle eligible employees to take up to twelve weeks of leave in a twelve month period for certain family and medical reasons while still receiving health insurance benefits. Employers are not required to pay employees on FMLA leave.

To qualify as an eligible employee entitled to FMLA benefits, a covered employee must have been employed in any employing office for a total of twelve months, and for at least 1,250 hours of employment during the previous twelve months. The twelve months of employment need not be consecutive or for a single employing office. An eligible employee is entitled to a total of twelve work weeks of family and medical leave during a twelve-month period. Under some circumstances, employees may take family and medical leave in separate blocks of time or on a reduced leave schedule. Certain notifications may be required of both employees and employers with regard to taking leave under these provisions.

Eligible employees may take family and medical leave for a number of defined reasons, among them child birth, a “serious health condition,” or to care for a family member with a serious health condition.

At the conclusion of family and medical leave, an employee is entitled to be restored to the same or an equivalent position as that held when leave commenced. There are limited exceptions to this right for “key” employees.

 

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