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Under §2612(d)(2)(A) an employer can make an employee substitute the right to 12 unpaid weeks of leave for "accrued paid vacation leave, personal leave or family leave" in an employer's personnel policy. Originally the Department of Labor had a penalty to make employers notify employees that this might happen.
The enhanced benefits still mean that roughly half of American workers stand to earn more on unemployment than they did at their jobs.
Parental leave (also known as family leave) is regulated in the United States by US labor law and state law. The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for parents of newborn or newly adopted children if they work for a company with 50 or more employees.
Unemployment insurance is funded by both federal and state payroll taxes. In most states, employers pay state and federal unemployment taxes if: (1) they paid wages to employees totaling $1,500 or more in any quarter of a calendar year, or (2) they had at least one employee during any day of a week for 20 or more weeks in a calendar year, regardless of whether those weeks were consecutive.
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The FMLA also authorizes employees whose rights under the FMLA have been violated to sue their employer for equitable relief and money damages. [3] In enacting the FMLA, Congress invoked two of the powers it possesses under the Constitution. In regulating private employers under the FMLA, it invoked its power under the Commerce Clause.
Employees jointly employed by two employers must be counted by both employers, whether or not maintained on one of the employer's payroll, in determining employer coverage and employee eligibility. For example, an employer who jointly employs 20 employees from a temporary placement agency and 60 permanent workers is covered by FMLA.
The latest data from the Bureau of Labor Statistics released on Friday showing the unemployment rate was 3.7% for the month, down from 3.9% in October, indicates that job seekers still have leverage.