Understanding FMLA: An Overview
The Family and Medical Leave Act (FMLA) is an important piece of legislation that provides employees with the right to take unpaid, job-protected leave for specific family and medical reasons. Since its enactment in 1993, FMLA has offered millions of Americans the ability to balance their work and personal health needs without fear of losing their jobs. This blog provides an overview of FMLA, who it applies to, and the key benefits and responsibilities associated with it.
What Is FMLA?
The FMLA stands for the Family and Medical Leave Act. The policy allows eligible employees to take unpaid, job-protected leave for family and medical reasons, with continued group health insurance coverage under the same terms and conditions.
Pregnancy or bonding with a new child, whether through birth, adoption, or foster placement, are among the top reasons for taking a leave of absence. Employees who have a significant medical condition or who are providing care for a family member with a serious medical condition are also eligible for FMLA. In addition, a qualifying emergency pertaining to eligible active military duty or the need to care for an injured eligible service member are all acceptable reasons for going on leave.
What Are the FMLA Eligibility Requirements?
For an employee to be eligible for FMLA leave, they must meet the following requirements:
- Work for an eligible employer
- Be employed for 12 months
- Work 1,250 hours in the previous 12 months before the start of leave
- Work at a location with 50 or more employees within 75 miles
How Does FMLA Work?
FMLA leave falls into a few categories that are considered eligible under its rules. FMLA leave can be taken intermittently, on a reduced schedule, or as continuous leave.
Intermittent leave is when an employee is out on an irregular schedule. When an employee is granted reduced-schedule leave, it indicates that their health condition or that of a family member requires them to work fewer hours than usual.
In contrast to intermittent or scheduled leave, continuous leave is taken by employees for a duration ranging from three days to twelve weeks. This type of leave is typically used by new parents following the birth or adoption of a child.
Employees who want to take FMLA leave must notify their employer of their need for leave and provide documentation, e.g. certification form, to support that request.
Upon return, an employee must be placed back in their original role or one that is comparable. The only exception is if an employee is physically unable to execute an important function of their job. According to FMLA standards, an equivalent position is one that is almost equal to the original job in terms of compensation, benefits, and other employment terms and circumstances, including shift and location.
What Are Employer Responsibilities for FMLA?
The FMLA applies to certain businesses, including government organizations, primary and secondary schools, and private companies that employ fifty or more people. Even before any leave requests are submitted, covered businesses must take some actions to comply with FMLA requirements.
All FMLA-eligible employers are required to provide their staff with a broad notification about the program. Employers must do two things to comply with the general notice requirement:
- Display or post a general notice (also known as a poster)
- If the employer has any employees who qualify for FMLA, provide the employees a written general notice.
What Types of Leave Are Covered by FMLA?
Under the Family and Medical Leave Act, the following will be considered qualifying events for which the employee can take unpaid leave:
Following the guidance of the legislation, the FMLA considers the following as qualifying events that allow for an employee to take unpaid leave:
- Serious health condition of the employee or immediate family member (within the legislation, ‘serious health condition’ is strictly defined)
- A birth or to take care of an infant under 12 months old
- Adopting a child or placing a foster child in their home
- Serious illness of a covered service member, which allows for 26 work weeks to provide care (the employee must be either immediate family or next of kin of the service member.
In most cases, eligible employees qualify for up to 12 weeks of FMLA leave, which is job-protected even if it is unpaid.
Enroll in FMLA Training Today
Not all employees and employers have the time to properly understand or teach others even the basics of the FMLA. There are other factors to consider, for example, the responsibilities that employees and employers have to each other in regards to FMLA leave. Being able to use FMLA leave can be very murky, and training can provide employers and employees expertise that can be used in the specific situations that arise in the daily routine of the workplace.
Consider enrolling in our online FMLA training course. Our program carefully outlines the key provisions of the FMLA, including eligibility criteria, types of leave covered, and the rights and responsibilities of both employers and employees. We also address common scenarios and questions related to FMLA leave, such as intermittent leave, return to work, and the intersection with other leave policies and laws. Head to our website to enroll today!