Five Fast Facts About FMLA (Family and Medical Leave Act)

Summary

The Family and Medical Leave Act (FMLA) ensures eligible employees receive up to 12 weeks of unpaid, job-protected leave for family and medical needs. It applies to employers with 50+ employees and public agencies, regardless of size. Eligibility requires 12 months of service, 1,250 hours worked, and a workplace with 50+ employees within 75 miles. Covered employers must maintain health insurance and restore employees to their original or an equivalent job post-leave. Employers must recognize FMLA-qualifying leave requests and respond within five business days, promoting compliance and positive workplace outcomes.

Takeaways

• 🏢 The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for certain family and medical situations.
• 👥 FMLA applies to private sector employers with 50 or more employees for 20 or more weeks in the current or preceding year, all public agencies, and all elementary and secondary schools regardless of size.
• 👷 To be eligible for FMLA leave, an employee must have worked for a covered employer for at least 12 months, worked at least 1,250 hours during the 12 months prior to the leave, and work at a location with at least 50 employees within 75 miles.
• 👶 Covered employers are required to provide eligible employees with up to 12 weeks of unpaid leave in a 12-month period for reasons such as the birth or adoption of a child, caring for an immediate family member with a serious health condition, or the employee's own serious health condition.
• 💼 FMLA also includes special military family leave entitlements and requires employers to maintain group health insurance coverage for employees on FMLA leave.
• 🔄 Upon return from FMLA leave, employees must be restored to their original job or an equivalent job with the same pay, benefits, and employment terms and conditions.
• 🗣️ When requesting leave for the first time for an FMLA qualifying reason, employees don't need to mention FMLA explicitly but should provide sufficient notice. Employers should inquire further to determine if FMLA leave is being sought.
• 📝 Employers must post information in the workplace explaining rights and responsibilities under FMLA and respond formally to FMLA leave requests or situations that may qualify for FMLA within five business days.
• 📚 Compliance with FMLA is considered relatively easy by employers, according to a US Department of Labor study, and can have a positive impact on employee absenteeism, turnover, and morale.
• 🔍 For a comprehensive understanding of FMLA, including qualifying reasons for leave and documentation, employers should visit HR 360 online for more information on HR and benefits management issues.

Q & A

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

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for certain family and medical situations, helping them balance work demands with health needs and family commitments.

Which employers are covered by the FMLA?

FMLA applies to private sector employers who employ 50 or more employees for 20 or more weeks in the current or preceding calendar year, all public agencies, and all private and public elementary and secondary schools, regardless of their size.

What are the eligibility requirements for an employee to take FMLA leave?

To be eligible for FMLA leave, an employee must work for a covered employer for at least 12 months, have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave, and work at a location where at least 50 employees are employed at that location or within 75 miles.

How much leave does the FMLA provide to eligible employees?

Eligible employees are entitled to up to 12 weeks of unpaid leave in a 12-month period for certain reasons, including the birth or care of a newborn, care for an immediate family member with a serious health condition, or the employee's own serious health condition.

What are the special family military leave entitlements under FMLA?

The FMLA provides special family military leave entitlements for eligible employees, although the specific details of these entitlements are not outlined in the provided script.

What is the employer's responsibility regarding health insurance coverage during FMLA leave?

A covered employer is required to maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work.

What happens to an employee's job upon their return from FMLA leave?

Upon return from FMLA leave, an employee must generally be restored to their original job or to an equivalent job, which means a position that is virtually identical in terms of pay, benefits, and other employment terms and conditions.

Does an employee need to specifically mention FMLA when requesting leave for the first time?

No, an employee does not need to specifically mention FMLA when requesting leave for the first time. They should give a verbal notice sufficient to make the employer aware of the need for FMLA-qualifying leave.

What should an employer do when an employee requests FMLA leave or when they obtain knowledge of a possible FMLA qualifying reason?

Employers are required to post information in the workplace explaining rights and responsibilities under the law and to formally respond to a request for FMLA leave or when they obtain knowledge of a possible FMLA qualifying reason within five business days.

What impact does complying with FMLA have on employers according to the US Department of Labor study?

According to a US Department of Labor study, complying with FMLA is relatively easy for employers and may have a positive impact on employee absenteeism, turnover, and morale.

Where can one learn more about FMLA and other HR and benefits management issues?

To learn more about FMLA and a variety of other HR and benefits management issues, one can visit HR 360 online at HR 360 com.