Leave Benefits
Leave
benefits allow employees
to take time off from
work. The extent of
the leave and whether
it is paid in whole,
in part, or not at all
is generally a matter
of agreement between
an employer and an employee
(or the employee's representative).
Certain types of leave
are required by law,
whereas other types
are voluntary incentives
provided by employers.
See the list of subtopics
to the right to narrow
your browsing.
The
Department of Labor
enforces the Fair
Labor Standards Act
(FLSA). Often the
public thinks that the
FLSA regulates "leave
benefits." In fact,
there are a number of
employment practices
which FLSA does not
regulate. For example,
it does not require:
Vacation,
holiday, severance,
or sick pay.
Meal or
rest periods, holidays
off, or vacations.
Premium
pay for weekend or holiday
work.
Pay raises
or fringe benefits.
Discharge
notice, reason for discharge,
or immediate payment
of final wages to terminated
employees.
The
Employee Benefits Survey
(EBS) of the Bureau
of Labor Statistics
(BLS) covers the
incidence and characteristics
of employee benefits.
http://www.dol.gov/dol/topic/benefits-leave/index.htm
Family and Medical
Leave Act (FMLA)
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.
FMLA
is designed to help
employees balance their
work and family responsibilities
by allowing them to
take reasonable unpaid
leave for certain family
and medical reasons.
It also seeks to accommodate
the legitimate interests
of employers and promote
equal employment opportunity
for men and women.
FMLA
applies to all public
agencies, all public
and private elementary
and secondary schools,
and companies with 50
or more employees. These
employers must provide
an eligible employee
with up to 12 weeks
of unpaid leave each
year for any of the
following reasons:
-
for the birth and
care of the newborn
child of an employee;
-
for placement with
the employee of a
child for adoption
or foster care;
-
to care for an immediate
family member (spouse,
child, or parent)
with a serious health
condition; or
-
to take medical leave
when the employee
is unable to work
because of a serious
health condition.
Employees
are eligible for leave
if they have worked
for their employer at
least 12 months, at
least 1,250 hours over
the past 12 months,
and work at a location
where the company employs
50 or more employees
within 75 miles. Whether
an employee has worked
the minimum 1,250 hours
of service is determined
according to FLSA principles
for determining compensable
hours or work.
Time
taken off work due to
pregnancy complications
can be counted against
the 12 weeks of family
and medical leave.
Special
rules apply to employees
of local education agencies.
The Department of Labor
administers FMLA; however,
the Office
of Personnel Management
(OPM) administers
FMLA for most federal
employees.
DOL Web Pages on This
Topic:
Compliance
Assistance: Family and
Medical Leave Act (FMLA)
Fact
Sheet on FMLA
Covers
the major requirements
of FMLA.
FMLA
Compliance Guide
Summarizes
FMLA provisions and
regulations and provides
answers to the most
frequently asked questions.
elaws
FMLA Advisor
The
FMLA Advisor provides
information about employee
eligibility under the
law; including valid
reasons for leave; employee/employer
notification responsibilities;
and employee rights
and benefits.
The
FMLA Poster
All
covered employers are
required to display
and keep displayed a
poster prepared by the
Department of Labor
summarizing the major
provisions of the FMLA.
Source: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
Funeral Leave
The
Fair
Labor Standards Act
(FLSA) does not
require payment for
time not worked, including
attending a funeral.
This type of benefit
is generally a matter
of agreement between
an employer and an employee
(or the employee's representative).
Source: http://www.dol.gov/dol/topic/benefits-leave/funeral-leave.htm
Government Contracts
Prevailing
wage requirements of
various laws applicable
to government contracts
are enforced by the
Employment
Standards Administration's
Wage
& Hour Division.
The
Davis-Bacon
and Related Acts (DBRA)
require payment of prevailing
wages to laborers and
mechanics employed on
federal and federally-assisted
construction projects.
The
McNamara-O'Hara
Service Contract Act
requires payment of
prevailing wage rates
and fringe benefits
to service employees
employed on contracts
to provide services
to the federal government.
The
Contract
Work Hours and Safety
Standards Act (CWHSSA)
requires contractors
and subcontractors on
federal contracts to
pay laborers and mechanics
at least one and one-half
times their basic rate
of pay for all hours
worked over 40 in a
workweek. This Act also
prohibits unsanitary,
hazardous, or dangerous
working conditions in
the construction industry
on federal and federally
financed and assisted
projects.
The
Copeland
Anti-Kickback Act
prohibits a contractor
or subcontractor from
inducing an employee
to give up any part
of his/her compensation
to which he/she is entitled
under his/her contract
of employment. The Act's
implementing regulations
requires a contractor
and subcontractor to
submit a weekly statement
of the wages paid each
employee performing
on covered work during
the preceding payroll
period.
The
Walsh-Healey
Public Contracts Act
requires payment of
minimum wage rates and
overtime pay on federal
contracts to manufacture
or furnish materials,
supplies or equipment.
Source: http://www.dol.gov/dol/topic/benefits-leave/govtcontracts.htm
Holidays
The
Fair
Labor Standards Act
(FLSA) does not
require payment for
time not worked, such
as vacations or holidays
(federal or otherwise).
These benefits are generally
a matter of agreement
between an employer
and an employee (or
the employee's representative).
On
a government
contractto which
the labor standards
of the McNamara
O'Hara Service Contract
Act (SCA) apply,
holiday and/or vacation
fringe benefit requirements
are stated in the SCA
wage determinations
in contracts that exceed
$2,500.
On
a government
contract to which
the labor standards
of the Davis-Bacon
and related Acts
apply, holiday pay and/or
vacation pay is required
for specific classifications
of workers only if the
Davis-Bacon wage determination
in the covered contract
specifies such requirements
for workers employed
in those classifications.
DOL
Web Pages on This Topic:
"How
are Vacation Pay, Sick
Pay, Holiday Pay Computed?"
Information
from an elaws FLSA Advisor.
Coverage
Under the Fair Labor
Standards Act (FLSA)
Fact sheet on who is
covered by the FLSA.
Source: http://www.dol.gov/dol/topic/benefits-leave/holiday.htm
Jury Duty
The
Fair
Labor Standards Act
(FLSA) does not
require payment for
time not worked, including
jury duty. This type
of benefit is generally
a matter of agreement
between an employer
and an employee (or
the employee's representative).
The Bureau
of Labor Statistics'
(BLS) Employee
Benefits Survey
indicates that 87 percent
of employers offer paid
leave for jury duty
service.
While
federal law does not,
some state laws require
employers to pay employees
who are asked to serve
jury duty.
Source: http://www.dol.gov/dol/topic/benefits-leave/juryduty.htm
DOL
Web Pages on This Topic:
Employee
Benefits in Medium and
Large Private Establishments
Report
showing participation
in selected employee
benefit programs, full-time
employees, medium and
large private establishments.
Coverage
Under the Fair Labor
Standards Act (FLSA)
Fact sheet on who is
covered by the FLSA.
Personal Leave
The
Fair
Labor Standards Act
(FLSA) does not
require payment for
time not worked, such
as personal leave, vacations,
sick leave, or federal
or other holidays. These
benefits are generally
a matter of agreement
between an employer
and an employee (or
the employee's representative).
http://www.dol.gov/dol/topic/benefits-leave/personal_leave.htm
DOL
Web Pages on This Topic:
Employee
Benefits in Medium and
Large Private Establishments
Report
showing participation
in selected employee
benefit programs, full-time
employees, medium and
large private establishments.
Coverage
Under the Fair Labor
Standards Act (FLSA)
Fact sheet on who is
covered by the FLSA.
Source: http://www.dol.gov/dol/topic/benefits-leave/juryduty.htm
Sick Leave
Federal
law does not require
sick leave. If you quit
your job before using
all of your sick leave,
your employer is not
obligated to pay you
for that time.
The
Family
and Medical Leave Act
(FMLA) provides
for up to 12 weeks of
unpaid leave for certain
medical situations for
either the employee
or a member of the employee's
immediate family; however,
in many instances paid
leave may be substituted
for unpaid FMLA leave.
http://www.dol.gov/dol/topic/benefits-leave/sickleave.htm
DOL
Web Pages on This Topic:
Employment
Standards Administration
Frequently Asked Questions
(FAQs)
A
section of these FAQs
cover medical leave
questions.
elaws
FMLA Advisor Frequently
Asked Questions (FAQs)
FMLA
provides for unpaid
sick leave. Look here
for specific information
about FMLA leave.
Coverage
Under the Fair Labor
Standards Act (FLSA)
Fact Sheet
General
information about who
is covered by the FLSA.
Vacations
The
Fair
Labor Standards Act
(FLSA) does
not require payment
for time not worked,
such as vacations, sick
leave or federal or
other holidays. These
benefits are matters
of agreement between
an employer and an employee
(or the employee's representative).
On
a government
contract to which
the labor standards
of the McNamara-O'Hara
Service Contract Act
apply, holiday and/or
vacation fringe benefit
requirements are stated
in the SCA wage determinations
in contracts that exceed
$2,500.
On
a government
contract to which
the labor standards
of the Davis-Bacon
and Related Acts (DBRA)
apply, holiday pay and/or
vacation pay is required
for specific classifications
of workers only if the
Davis-Bacon wage determination
in the covered contract
specifies such requirements
for workers employed
in those classifications.
DOL
Web Pages on This Topic:
elaws
FLSA Advisor
Answers
the questions, "How
are vacation pay, sick
pay, holiday pay computed
and when are they due?"
Coverage
Under the Fair Labor
Standards Act (FLSA)
Fact Sheet
General
information about who
is covered by the FLSA.
Source: http://www.dol.gov/dol/topic/benefits-leave/vacation_leave.htm
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