Question Details	Asked By	Asked On
FMLA issues in North Carolina	Carlita	11/01/05
What website can I go to to get a copy of the 2004 and 2005 laws on FMLA issues in North Carolina? Please Help Very Important
Clarification/Follow-up by Carlita on 11/02/05 11:00 am: Thanks for answering my question. Do you have any information about the laws for NC? Also how can you go about finding an effective attorney to handle cases dealing with FMLA? Thanks Carlita
Answered By		Answered On
Bishop_Chuck		11/02/05
The basic FMLA is a federal law ( your state may have given additional benifits under state provisions, but the actual guidline is a Federal law. The people you are allowed off for is very specificly listed. People such as grandparents ( even if they raised you like parents have not been allowed nor has aunts or uncles and the such. ( This is from personal experence since I used to manage large scale work forces) There are attorneys who special in family law and the such and they should be consulted for valid legal advice Restoration of Position After Family and Medical Leave Act of 1993 Leave Background In 1993, Congress passed the Family and Medical Leave Act (FMLA). The FMLA was intended to balance the demands of the workplace with the needs of families. Under the FMLA, many employees are guaranteed the right to take unpaid leave for the following types of medical or family reasons: the birth of a child of the employee and to care for the child (any time during the child's first 12 months of life); the placement of a foster child with the employee (within 12 months of the child's placement); the care by an employee for his or her spouse, son, daughter, or parent who has a serious health condition; or a serious health condition making the employee unable to perform his or her job; the adoption of a child (within 12 months of the child's placement); a serious health condition making the employee unable to perform his or her job. FMLA Restoration Protection Employees protected by the FMLA may take up to 12 weeks of unpaid, qualifying leave during a one-year period. The FMLA provides that employers may not deny benefits to the employee or strip the employee of his or her seniority because such leave is taken. During the time that the employee is on leave, the employer is required to continue group health care coverage for the employee, provided that such coverage was provided prior to the leave. Furthermore, employees taking leave under the FMLA are generally entitled, when they return from leave, to be: restored by the employer to the position held when the leave commenced; or restored to an equivalent position, with equivalent benefits, pay, and other terms and conditions of employment. Courts have ruled that an equivalent position is one that is virtually identical to the former position in terms of pay, benefits, and working conditions. It must also involve the same or substantially equivalent skill, effort, responsibility, and authority. This equivalency requirement, however, does not extend to de minimus or intangible aspects of the job. FMLA Restoration Exemption for Highly Compensated Employees Pursuant to the FMLA, employers may deny restoration to certain highly compensated employees if: a denial is necessary to prevent substantial and grievous economic injury to the operations of the employer; the employer notifies the employee of the intent of the employer to deny restoration; and the employee elects not to return to employment after receiving such notice. To be considered a highly compensated employee subject to this restoration exemption, the employee must be a salaried eligible employee, and his or her salary must rank among the highest 10 percent of all employees within 75 miles of the facility at which he or she is employed.

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