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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