The Family and Medical Leave Act (FMLA)
PURPOSE
The Family and Medical Leave Act (FMLA) provides job-protected unpaid leave to employees who need to be absent for qualifying medical, pregnancy, new-child bonding or military-related reasons.
COVERED EMPLOYER
A covered employer under the FMLA is a private employer with 50 or more employees, all public agencies, and all elementary or secondary schools.
ELIGIBLE EMPLOYEE
An FMLA eligible employee is one who has been employed for 12 months, who has worked 1,250 hours in last 12 months, and who works at a location with 50 or more employees within 75 miles.
DURATION OF LEAVE
An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. A military caregiver is eligible to take a total of 26 weeks of leave.
REASONS FOR LEAVE
- Pregnancy or to bond with a new child (birth, adoption or foster placement).
- For an employee's own serious health condition.
- To care for a covered family member with a serious health condition.
- For a qualifying exigency related to covered active military duty.
- To provide care to an injured covered service member.
NOTICE REQUIREMENTS/CERTIFICATION
Employers must display a general notice (poster) and provide notice to all new employees, as well as provide additional notices to individual employees in need of leave.
Employees must provide notice of the need for leave and sufficient information (such as a certification form) to substantiate that need.
BENEFITS CONTINUATION
Employees on FMLA leave are entitled to the same group health benefits they would be entitled to if they were actively at work. Other employee benefits, such as paid-leave accruals, must be maintained the same as they are for employees on other types of leave.
RETURN TO WORK
An employee must be returned to his or her position or to an equivalent position, unless the employee is physically unable to perform the essential functions of the job. An equivalent position means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).
RECORDKEEPING
Various records related to FMLA leave must be kept for three years.
COMMON ISSUES
CALCULATING THE 12-MONTH ELIGIBILITY PERIOD
Choose one of four methods to calculate the 12-month FMLA period for all employees and understand the impact of each method.
APPROVING AND DENYING FMLA LEAVE
Understand the entire process of when and how to designate or deny leave.
AMOUNT OF LEAVE AVAILABLE
Calculate how much leave an employee has available at any time when using a rolling 12-month eligibility period.
CERTIFICATION ISSUES
Know when and how to request additional information when an employee returns a certification that is incomplete or insufficient.
INTERMITTENT LEAVE
Accurately track intermittent leave to ensure employees receive the correct amount of FMLA-protected leave.
FMLA ABUSE
Recognize patterns that may indicate FMLA abuse and take appropriate action.
EXHAUSTION OF FMLA LEAVE
Understand when additional leave must be considered once an employee has exhausted FMLA-protected leave.
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