All eligible employees of a covered employer can be granted FMLA leave. Covered employers include all private sector companies with 50 or more employees, all public agencies (regardless of the number of employees it employs), and all public and private elementary and secondary schools. Employees can …show more content…
Employers are also required to maintain benefits exactly the same as when the employee was working during this period. This includes health benefits along with any other life, disability insurance, sick leave, educational benefits, and pension.
When an employee returns to work from FMLA leave, it must be the same job or one that is substantially similar along with the same pay, benefits and other terms or employment. But, if an employee exceeds 12 weeks of FMLA leave, even by a day, they run the risk of being terminated for excessive absences.
The Department of Labor’s Wage and Hour Division is responsible for administering and enforcing federal labor laws on FMLA. If an eligible employee’s rights are violated, they can either file a complaint with the Wage and Hour division or file a private lawsuit against the employer in court. There is a two-year limit on bringing claims or three years for willful