CWA LOCAL 6215, Dallas, TX

FMLA, ADA, and Workmen's Compensation Insurance Info

  • The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons. Qualified medical and family reasons include: personal or family illness, family military leave, pregnancy, adoption, or the foster care placement of a child.[1] The FMLA is administered by the Wage and Hour Division of the United States Department of Labor.

The bill was a major part of President Bill Clinton's agenda in his first term. President Clinton signed the bill into law on February 5, 1993 (Pub.L. 103-3; 29 U.S.C. sec. 2601; 29 CFR 825) and it took effect on August 5, 1993, six months later.

Basic Info: FMLA is a federal regulation that allows eligible employees to take up to 12 work weeks of unpaid leave during any 12 month period for the serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child. An FMLA eligible employee is an employee who has been in the business at least 12 months, and worked 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, then they are eligible.

The following links will direct you to more information regarding FMLA:

www.dol.gov/whd/fmla/index.htm

www.cwa-union.org/pages/health_and_safety_links
 

  • Americans with Disabilities Act of 1990 (ADA)

The Americans with Disabilities Act of 1990 (ADA) is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009.

The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964,[4] which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity". The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment that is correctable by prescription lenses.

The "original intent" of the law, as co-conceived by Lex Frieden and Mitchell J. Rappaport, was to create civil rights law protections for people with disabilities that would be permanent, would not be able to be reversed or weakened, and would prohibit all discrimination. It was also intended so that Americans with disabilities would be kept in the mainstream in terms of scientific and medical research and developments, especially opening future opportunities in Space exploration to them, as well as public policy changes, healthcare law and policy changes, and civil rights protections and public law changes for Americans with physical, mental and cognitive disabilities. It was intended to be a flexible set of laws that could only be strengthened, not weakened, by future case law.

To get answers to questions about the ADA or to learn more about the law, call the Department of Justice ADA Information Line, toll-free (1-800-514-0301 voice and 1-800-514-0383 TDD).

  • Workmen's Compensation Law:

Since its inception in the 1920s, workmen's compensation insurance has been state regulated. As a result, each state has its own body of workmen's compensation law. To reduce disputes and litigation arising from work-related injury and illness is the goal of each workmen's comp system. Today, only Texas has an "elective" workmen's compensation law. This means Texas is the only state in the nation that does not require employers to carry workmen's compensation insurance. Employees in the state of Texas click on link below for further information:

http://www.workerscompensation.com/texas.php

Texas Workforce Commission (Employee Rights and Laws): 

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