Family Medical Leave Act for Employers
Key Takeaways
- The Family and Medical Leave Act gives eligible employees unpaid leave for up to 12 weeks per year for medical reasons or to care for family.
- Covered leave includes the birth or adoption of a child, caring for a family member, serious health conditions, or qualifying needs for military servicemembers.
- FMLA leave is unpaid, but employers have to continue any health benefit coverage for the worker on leave.
- What Is the Family and Medical Leave Act?
- Does My Small Business Have to Comply With FMLA Laws?
- Do I Have To Provide Paid Leave or Benefits for Workers Taking FMLA Leave?
- When Can You Deny FMLA Leave or Job Reinstatement?
- How Much Notice Does an Employee Have To Give To Take FMLA Leave?
- Is There Extended FMLA Leave for Military Members?
- How Can a Lawyer Help With FMLA Legal Issues?
It can be difficult to operate your business without a key employee for months at a time. Small business owners often have trouble hiring and training temporary employees until a sick employee returns. However, federal laws require covered employers to allow workers to leave and keep a job open when they return.
Employers have a lot of questions when it comes to the family leave laws, including coverage, compliance, and when they can replace a worker on leave. An employment law attorney can explain FMLA legal issues and make sure you comply with federal and state laws.
What Is the Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) gives eligible employees unpaid leave for up to 12 weeks per year for medical reasons or to care for family. The law provides job security for workers who have to take time off to care for loved ones.
The U.S. Department of Labor (DOL) administers and enforces FMLA compliance under the Wage and Hour Division.
Leave does not have to be 12 weeks in a row. Workers can take blocks of time when medically necessary. Employees can take intermittent leave to bond with a child with your approval. Intermittent leave can also include reduced schedule absences for military service family leave.
Many states also have their own family and medical leave laws. Some state laws provide additional protections for workers taking qualified leave. This may include extended job leave beyond 12 weeks.
What Qualifies as Family Leave?
Qualified family leave includes certain illnesses and medical conditions. Job-protected leave under the FMLA includes:
- The birth of a child and bonding with the child
- The placement of a child by adoption or foster care
- Caring for an immediate family member (child, spouse, or parent) with a serious health condition
- The employee’s own serious health condition
- Qualifying exigencies for an immediate family relative servicemember
Minor illnesses are generally not qualifying reasons under FMLA protections. Cosmetic procedures generally are not eligible. However, check with your human resources advisors or employment lawyers before you question a worker’s medical condition.
Does My Small Business Have to Comply With FMLA Laws?
In the private sector, employers only have to provide FMLA leave if they employ 50 or more employees in 20 or more workweeks in the current or previous calendar year. Employees include part-time, temporary, and seasonal employees. However, unpaid volunteers and independent contractors are generally not counted as employees. If you have questions about whether your business qualifies, talk to your lawyer.
Do I Have To Provide Paid Leave or Benefits for Workers Taking FMLA Leave?
FMLA rights provide up to 12 weeks of unpaid leave. You do not have to pay workers for the time they take under the FMLA. However, you can let workers use paid vacation or sick leave pay during an employee’s leave. You can also require your employers to use their paid time off first as part of their FMLA leave.
Under FMLA requirements, you have to continue group health insurance coverage during leave. If you start a new group health benefit plan or change plan options during an employee’s absence, you must provide them with the new benefits.
Most importantly, you have to restore employees to the same or an equivalent position when they return. If an employee was eligible for a bonus before taking FMLA leave, the employee would be eligible for the bonus upon returning to work. The FMLA leave is not counted against the employee.
When Can You Deny FMLA Leave or Job Reinstatement?
You are not required to continue FMLA benefits or reinstate employees who would have been laid off or otherwise had their employment terminated if they did not take FMLA leave. For example, if layoffs shut down the worker’s job division, that worker would also have lost their job, regardless of leave.
Employees who give unequivocal notice that they do not intend to return to work lose their entitlement to FMLA leave. Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave in the designated 12-month period no longer have FMLA job protections.
Under certain circumstances, you may require a medical certificate of fitness for duty to return to work. You may deny or delay reinstatement to an employee who fails to provide the certification.
How Much Notice Does an Employee Have To Give To Take FMLA Leave?
If the leave is foreseeable, workers must you 30 days’ notice. For example, “foreseeable” includes if a worker is pregnant and will be giving birth or adopting a child. However, if a serious injury or medical condition is not foreseeable, workers should give you notice as soon as possible.
Is There Extended FMLA Leave for Military Members?
The FMLA provides extended leave protections to servicemembers and their families. You must provide up to 26 weeks of FMLA leave to eligible employees to care for recovering, injured, or ill service members. You have to provide up to 12 weeks of leave due to any qualifying exigency. Qualifying exigencies could include taking care of a servicemember’s child while their parent is away on active duty.
How Can a Lawyer Help With FMLA Legal Issues?
You should prepare for possible employee absences if a worker has a serious health condition or a sick family member. An employment law attorney can help you plan for leave interruptions while following FMLA regulations. This will help your business remain compliant and avoid legal action.
Protect Your Business From Litigation
Lawsuits filed by current or former employees can cost your business precious time and money. Get legal help from a lawyer in our directory.
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