What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a US federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave of absence per year for specified family and medical reasons, ensuring continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

What are the eligibility requirements for FMLA?

To be eligible for FMLA leave, an employee must:

• Work for a covered employer (private-sector employers with 50 or more employees, public agencies, and public and private elementary and secondary schools)
• Have worked for the employer for at least 12 months (which do not need to be consecutive)
• Have worked at least 1,250 hours during the 12 months before the start of the FMLA leave
• Work at a location where the employer has at least 50 employees within 75 miles

What are the qualifying reasons for taking FMLA leave?

Eligible employees can take FMLA leave for the following reasons:

• The birth of a child and to care for the newborn within one year of birth
• The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement
• To care for the employee’s spouse, child, or parent who has a serious health condition
• A serious health condition that makes the employee unable to perform the essential functions of his or her job
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on “covered active duty”
• To care for a covered servicemember with a serious injury or illness if the employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave)—in this case, the benefit extends to twenty-six work weeks of leave during a single 12 months period

How does FMLA impact employee benefits?

It is important to note that the FMLA does not pay employees while on leave and does not require employers to do so either. One way to get paid is to use any available sick leave or PTO.

However, during FMLA leave, an employer must maintain the employee’s group health insurance coverage under the same terms and conditions as if the employee had continued to work.

Employees are also entitled to reinstatement to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment upon return from FMLA leave.

How is FMLA leave calculated?

FMLA leave is calculated based on a 12-month period. Employers may choose one of four methods to determine the 12-month period:

• The calendar year
• Any fixed 12-month “leave year,” such as a fiscal year or a year starting on an employee’s anniversary date
• The 12-month period measured forward from the date any employee’s first FMLA leave begins
• A “rolling” 12-month period measured backward from the date an employee uses any FMLA leave

What documentation is required for FMLA leave?

Employers can require employees to provide a certification from a healthcare provider to support the need for leave due to a serious health condition of the employee or a family member.

The Department of Labor provides optional-use forms for this purpose, such as WH-380-E for employee’s serious health condition and WH-380-F for family member’s serious health condition.

Employers may also require second or third medical opinions (at the employer’s expense) and periodic recertification.

How does FMLA interact with other leave laws?

FMLA leave can run concurrently with other types of leave, such as paid leave provided by the employer or leave required by state law.

For example, if an employee is eligible for both FMLA and state family leave, the leaves may overlap, depending on the specific provisions of the state law.

Employers must comply with both federal and state leave laws and, where the laws differ, provide the greater benefit or more generous rights to the employee.

What are the employer’s responsibilities under FMLA?

Employers are responsible for:

• Informing employees of their rights and responsibilities under FMLA, both through written policies and by posting a notice in the workplace
• Designating leave as FMLA-qualifying and notifying the employee of the designation and the amount of leave counted against the employee’s FMLA entitlement
• Maintaining health benefits during FMLA leave
• Reinstating the employee to the same or an equivalent position upon return from FMLA leave
• Keeping employee medical records confidential and separate from other personnel files

What are the potential legal or compliance issues with FMLA?

Employers must understand and adhere to FMLA requirements to avoid legal and financial repercussions. Non-compliance with FMLA can result in legal consequences for employers, such as:

• Civil lawsuits by employees for lost wages, benefits, and other compensation denied or lost due to the violation
• Liquidated damages equal to the amount of lost wages and benefits
• Attorney’s fees and court costs
• Injunctive relief, such as reinstatement or promotion

How can businesses improve their FMLA processes?

Businesses can improve their FMLA processes by:

• Providing clear and accessible information about FMLA policies and procedures to employees
• Training managers and HR personnel on FMLA requirements and best practices
• Using standardized forms and checklists to ensure consistent and compliant administration
• Implementing software or tools to track and manage leave requests and documentation
• Encouraging open communication between employees and managers about leave needs and expectations
• Streamlining and improving FMLA processes can help reduce administrative burden, ensure

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