What types of discriminatory practices are prohibited by law?
• What protections are granted to employees under by the federal Family and Medical Leave Act (FMLA)? The FMLA applies to private employers with 50 or more employees, and provides for up to 12 weeks of unpaid leave during any 12-month period to qualified employees for one of five reasons: (1) the birth or adoption of a child; (2) to care for the serious health condition of a spouse, child, or parent; (3) the employee’s own serious health condition which renders the employee unable to perform the essential functions of the job, (4) a qualifying exigency relating to a close family member’s military services; or (5) up to 26 weeks per 12-month period to care for an ill or injured service member. An employee that properly utilizes some or all of the permitted 12-week period cannot be discharged for having taken the leave. That employee is entitled to his or her job or an equivalent position at the end of the leave unless the company had compelling business reasons to replace the individual
