Transform your daily workflows and Protect Personal Leave Policy

Aug 6th, 2022
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How to Protect Personal Leave Policy

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today we are talking about the one thing you should never ever do if you take a medical leave stay tuned for this video this is something that might save your job hello my name is brandon ortiz im an employment lawyer with ortiz law office in sunny burbank california uh as always i have to start off this video with the disclaimer that i am not providing you with legal advice im just providing you with general information if you have questions or concerns about your particular situation you should contact an employment lawyer now something a lot of people know is that a law called fmla the family and medical leave act give employees at certain types of businesses and ill get to that in a minute but it gives employees at certain types of businesses uh up to 12 weeks of unpaid job protected leave now certain types of businesses the business has to be a certain size uh you have to uh have worked there at least a year you have to have at least uh 1 250 hours of service within the last y

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Eligible employees may take up to 12 workweeks of unpaid, job-protected leave under the Family and Medical Leave Act (FMLA) in a rolling 12-month period for specified family and medical reasons.
What is the difference between FMLA and PFL? FMLA is a federal law defining employee rights required of some employers to provide unpaid medical leave. PFL policies are state-paid regulations that vary from state to state and supersede federal law when the benefits are more generous than the national regulation, FMLA.
A personal leave of absence is an absence from work taken for personal reasons not otherwise covered by the FMLA or other protected leave policies. Personal leaves of absence are unpaid and are not job-protected.
Not to be confused with paid time off (PTO) and vacation time, a leave of absence is a way for employees who are experiencing out-of-the-ordinary circumstances to take time off work. Common reasons are childbirth, adoption, caring for an ill family member, serious health conditions or military leave.
When it comes down to it, protective leave means that your job must be held by your employer while you take FMLA leave. Your employer cannot terminate or discriminate against you for taking necessary leave through the program.
Leave taken under the following laws are considered a protected leave of absence, meaning an employer cannot terminate and/or retaliate against an employee as a result of the employee requesting or taking a leave of absence pursuant to these laws.
A personal leave of absence is an absence from work taken for personal reasons not otherwise covered by the FMLA or other protected leave policies. Personal leaves of absence are unpaid and are not job-protected.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

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