Scope of Discussion. Issues associated with employee leave rights may be the most challenging currently faced by employers. With overlapping (and sometimes conflicting) federal statutory rights, military leave and the various leaves available under state law, employers face the reality that every employee request for time off may involve potential legal exposure, as well as significant operational frustrations. This publication includes a summary of the Family and Medical Leave Act (FMLA) in light of the FMLA regulations and existing case law. It also touches on three related area: paid sick leave, pregnancy leave and fetal protection policies. For a discussion of military leave and civic duty leave, see LITTLER ON LEAVES OF ABSENCE: MILITARY & CIVIC DUTY LEAVES.

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