Labor laws were designed to equalize the bargaining power between employers and employees—prohibiting employers and unions from engaging in specified unfair labor practices and establishing an obligation of both parties to engage in good faith collective bargaining. Labor laws grant employees the right to unionize and allow employers and employees to engage in certain activities (e.g., strikes, picketing, seeking injunctions, lockouts) for the purpose of getting their demands fulfilled.

Both the ADA and the Rehabilitation Act protect individuals with disabilities.  An individual with a disability is defined as someone who: has a physical or mental impairment that substantially limits a major life activity, has a record of having such a physical or mental impairment, or is regarded as having such an impairment.

The term is broadly defined to include any physiological, mental, or psychological-based impairment, but it does not include mere physical characteristics or cultural, environmental, or economic impairment; the impairment must cause a substantial limitation to a major life activity. Temporary conditions, such as a broken arm or the flu, would not be considered substantial limitations.

What is the purpose of the Family and Medical Leave Act?

The Family and Medical Leave Act 1993 (FMLA) was created as a way of providing employees with a means of coping with the challenging demands of family and home. It applies to companies with 50 employees or more in one location, or 50 employees within a 75-mile radius. It helps workers, who for personal reasons, may require time off. It allows up to 12 weeks unpaid leave, and the employee at the end of that period is entitled to return to the same or similar position that they were in before they left. The Act covers the following situations: chronic or terminal illness of a spouse or close relative, birth or adoption of a child, and/or employee illness.

The employee must have been with the company for more than one year and have worked more than 24 hours a week in the year preceding the requested leave. Usually, the employer will require a doctor`s certificate to corroborate the circumstances.

What does the Family and Medical Leave Act (FMLA) govern?

The FMLA  seeks to accommodate the legitimate interests of employers, and promotes equal employment opportunity for men and women. A number of states have enacted family and medical leave laws, some of which provide greater amounts of leave and benefits than those provided by FMLA. In those situations where an employee is covered by both Federal and State FMLA laws, the employee is entitled to the greater benefit, or more generous rights provided under the different parts of each law.

Who is covered by the Family and Medical Leave Act?

Only employers that carry 50 or more employees at a worksite, or within 75 miles, are covered by the FMLA. However, for an employee to be eligible, he or she must have worked for the employer for at least one year and must have worked at least 1,250 hours (an average of 25 hours a week) during the previous 12-month period. An employer may deny leave to any key employee who receives a salary in the top 10% of the work force, and whose leave-taking would cause economic harm to the employer.

What administrative body may impose remedies for a violation of the Family and Medical Leave Act?

The United States Secretary of Labor, through the Wage and Hour Division of the Employment Standards Administration, has administrative jurisdiction. The Department of Labor will review the merits of the complaint and attempt to negotiate and resolve the complaint administratively with the employer. If the Secretary of Labor is convinced that a violation has occurred, and in the event attempts to resolve the matter with the employer are not successful, prosecution by the Department will follow.