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  4.  » A brief look at the FMLA and ADA.

A brief look at the FMLA and ADA.

For Boca Raton, Florida workers, the Family Medical Leave Act (FMLA) can be a blessing when an extended medical condition prevents employment. Under the FMLA, a person is entitled to a maximum of 12 weeks of unpaid leave and cannot be terminated for taking the leave. Certain requirements must be met for this rule to kick in.

The employee’s company must be within FMLA jurisdiction. The Act applies to companies with at least 50 employees in a 75-mile radius. The employees do not need to work at one facility but they must be in the proximity of the statutory radius.

The employee must have worked 1250 hours for the employer in the past 12 months. The 12-month rule is a look back period when the leave is requested. The FMLA is only granted to deal with a serious medical condition. But the serious condition does not need to be that of the employee. It can also apply to caring for a family member with a serious condition. New parents can use the FMLA leave to care for an infant child.

The Americans with Disabilities Act (ADA) is another employee protection law for those with serious medical conditions. The provisions of both are used in conjunction with each other at times but there are distinct differences. Where the FMLA is primarily targeted toward providing a leave of absence, the ADA seeks to provide worksite accommodations for those with a disability. Under the ADA the medical condition must be that of the employee. There is no waiting period for ADA provisions to begin.

Employment protection laws can be complex and it is best for an employee to understand the rules before submitting an application. Seeking Boca Raton, Florida, FMLA discrimination law firm assistance might be beneficial. For those who have suffered due to violations of either law, a suit against the employer may be in order.

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