Family and Medical Leave Act (FMLA) and Compliance

Employers are required to adhere to both federal and state employment laws. Such laws benefit employers and employees alike. The Family and Medical Leave Act (FMLA) is one such law. We will briefly discuss this federal law and how to comply with it.

About the FMLA

The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 workweeks of unpaid job protected leave for family and medical reasons.

Who is covered?

• Employers - Private employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year. Public agencies including local, state, or federal government agencies; or public or private elementary or secondary schools, regardless of the number of employees it employs.
• Employees - Employees working for a covered employer for at least for 12 months (minimum 1,250 hours of service for the employer during the 12 month period immediately preceding the leave), working at a location where the employer has a minimum of 50 employees and within a distance of 75 miles.

Leave can be taken for one or more of the following reasons:

• The birth or placement of a son or daughter.
• To care for a spouse, son, daughter, or parent who has a serious health condition.
• For a serious health condition that makes the employee unable to perform essential job functions.
• For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

Time period of leave under FMLA

• Employees may take up to 12 workweeks of leave in a 12-month period.
• An eligible employee may also take up to 26 workweeks of leave during a "single 12-month period" to take care of a covered service member with a serious illness or injury, when the employee is the spouse, son, daughter, parent, or next of kin of the service member.

Job restoration of the employee

FMLA does not mandate the employer to pay for the leave period; however, upon return from FMLA leave, an employee must be restored to his original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

Compliance with the FMLA

Covered employers must comply with the FMLA.

• Post a notice explaining rights and responsibilities under FMLA in a prominent and conspicuous location in every workplace.
• Include information about FMLA in employee handbook.
• When an employee requests for FMLA leave or the employer acquires knowledge that a leave may be for a FMLA qualifying reason, the employer must provide the employee with a notice concerning his eligibility for FMLA leave and his rights and responsibilities under the Act.
• Employers must notify employees whether a leave is designated as FMLA leave and the amount of leave that will be deducted from the employee’s FMLA leave entitlement.

Purchase compliance services

Consider purchasing compliance services to ensure adherence with the law. By using a reputable compliance services company, employers can rest easy knowing that they’re in compliance with federal law.

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