perfectionism and - Obsessive-Compulsive Foundation

insurance, sick leave, education benefits or pension accrual. Upon return to work,
all discontinued benefits must be reinstated immediately, with no disqualification
period.
Returning to work In most cases, upon return from family and medical leave, an
employee must be restored to his or her original job, or to an equivalent job. An
“equivalent job” is one that is virtually identical to the original job in terms of pay,
benefits, and other employment terms and conditions.
Employer obligations It is unlawful for any employer to interfere with, restrain, or
deny the exercise of any right provided by the family and medical leave laws, or to
discharge, discriminate or retaliate against any individual for opposing any practice,
or due to involvement in any proceeding related to the family and medical leave
laws. Employers cannot use the taking of family and medical leave as a negative
factor in employment actions, such as hiring, promotions, or disciplinary actions,
and family and medical leave cannot be counted under "no fault" attendance
policies.
An employer must maintain as confidential all medical information related to family
and medical leaves. These records must be kept in files which are separate from
ordinary personnel files. The only exceptions are that confidential medical records
may be disclosed to supervisors and managers regarding necessary work
restrictions or accommodation; to first and aid safety personnel when emergency
medical treatment may be required; or government officials investigating the
employer.
Enforcing family and medial leave rights To pursue a claim for denial of family and
medical leave, reprisal for taking family and medical leave, privacy violations, or
any other claim related to family and medical leave rights, the employee must
initiate the process. To file a claim under the FMLA, an employee may file a charge
with the Department of Labor, Wage and Hour Division, or may go directly to court
within two years of the violation of the statute.
Remedies An employee whose rights have been violated under the family and
medical leave laws may be entitled to reinstatement, promotion, injunctive relief,
lost wages and benefits, direct costs, interest, attorney's fees and cost, compensatory
and punitive damages, or double damages for aggravated cases.
FMLA Key Provisions
Marilynn Mika Spencer
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IOCDF 2013 Annual Conference
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