Roedel Parsons Koch Blache Balhoff & McCollister

Understanding FMLA provisions

If you own a business in Louisiana or work in the human resources department for a company, you will want to understand the various laws governing employment law. One of these laws is the Family and Medical Leave Act (FMLA). Many people may be familiar with this law to some degree, but they may not realize that there are two important components to this law.

One of the key provisions of the FMLA pertains to an employee's right to take leave without pay from a job.

As explained by the United States Department of Labor, the other important component of this law is the protection of an employee's job while they are on leave. Some employees might think that this means they are guaranteed to return to their exact job upon returning from family leave. While in most cases this is what happens, the law actually only requires that a job of equal status and equal pay be provided upon return from leave. 

The total compensation package (including all benefits) must be the same as with the employee's original position, as must the schedule and required duties. The expected commute time and the required skills to perform the job must also be in alignment with the employee's pre-leave job. 

If you would like to learn more about the rights granted by the Family and Medical Leave Act and a company's responsibilities thereunder, please feel free to visit the employee leave and job protection page of our Louisiana labor and employment website.

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