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Family and Medical Leave Act (FMLA) issues

FMLA Eligibility Evaluation, Leave Rights Advocacy, Dispute Resolution, and Legal Representation

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Family responsibility leave is provided for in South Africa's Basic Conditions of Employment Act. This beneficial provision allows employees to take paid time off to address important family matters, such as the birth or illness of a child, or the unfortunate event of a family member's passing.

  • Job protection during leave period
  • Time off for medical reasons
  • Time off for family reasons
  • Continued health benefits during leave
  • Protection against discrimination and retaliation
  • Flexible options for leave scheduling

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FAQ – Family and Medical Leave Act (FMLA)

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law in the United States that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.

Is FMLA applicable in South Africa?

No, FMLA is a United States federal law and is not applicable in South Africa. However, South African labour laws do provide for certain types of leave, including family responsibility leave and sick leave.

What is family responsibility leave?

Family responsibility leave is a type of leave that is provided for in South African labour law. It allows employees to take up to three days of paid leave per year to attend to certain family responsibilities, such as the birth of a child or an illness or death in the family.

What is sick leave?

Sick leave is another type of leave that is provided for in South African labour law. It allows employees to take paid leave when they are ill or injured and unable to work.

What if my employer is not allowing me to take family or medical leave?

If your employer is not allowing you to take family or medical leave that you are entitled to under South African labour law, you may want to seek legal advice from an attorney who specializes in labour law. They can help you understand your rights and options under the law.

Can I be fired for taking family or medical leave?

No, employers in South Africa are not allowed to fire employees for taking family or medical leave that they are entitled to under the law. If you believe that you have been fired for taking leave that you are entitled to, you may want to seek legal advice from an attorney who specializes in labour law.

Can my employer require me to provide medical documentation for my leave?

Yes, employers in South Africa are allowed to require employees to provide medical documentation in order to take sick leave. They may also require documentation for other types of leave, depending on the circumstances.

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