| After more than 13 years since passage of the | | | | placed child; |
| Family and Medical Leave Act (FMLA), employers are | | | | · care for an immediate family member (spouse, |
| still asking questions about workers' rights under | | | | child or parent - but not a parent "in-law") with a |
| FMLA and how to effectively implement the law. We | | | | serious health condition; and |
| have provided a concise overview to the current law | | | | · when the employee is unable to work because |
| and what employers effected by the law should | | | | of a serious health condition. (See the DOL website |
| know. | | | | for a definition of a "serious health condition.") |
| What is the Family Medical Leave Act? | | | | Other Important Things to Know? |
| The Family and Medical Leave Act is a federal law | | | | · An employer must give an employee |
| which provides certain employees with up to 12 | | | | requesting FMLA written notice, within two business |
| workweeks of unpaid, job-protected leave a year | | | | days, if they are not eligible for FMLA. If the |
| and requires group health benefits be maintained | | | | employer does not respond within two business |
| during the leave period. | | | | days, the employee will be eligible to take the leave. |
| Are All Employers Required to Following FMLA? | | | | · Once the leave has been granted or the |
| No. Only public employers and private employers who | | | | employee is provided with approval notice, the |
| have 50 or more employees who have been on the | | | | employer cannot alter the leave. |
| payroll for 20 or more weeks in a calendar year are | | | | · The employer can ask the employee to |
| required to provide FMLA leave. | | | | provide a medical certification from a health care |
| Do All Employees Qualify for the Leave? | | | | provider that substantiates the need to use FMLA. |
| No. All employees of a qualifying organization may not | | | | FMLA can be delayed until the certification has been |
| be eligible for FMLA. To be eligible, an employee must | | | | received. In addition, the employer can ask for the |
| have worked for the employer: | | | | employee to provide a fitness-for-duty certification |
| 1. a minimum of one year; | | | | prior to returning to work. |
| 2. a minimum of 1,250 hours (an average of 25 hours | | | | · If you are located in a state which also |
| per week) during the 12 months prior to the start of | | | | provides family and medical leave rights superior to |
| the FMLA leave; and | | | | the federal FMLA, the state law applies. If the federal |
| 3. are employed at a location where at least 50 | | | | law provides superior rights, then the federal law |
| employees are working at the location within a | | | | applies. |
| 75-mile radius | | | | FMLA is a complex law full of several caveats and |
| For What Reasons is Leave Granted? | | | | special provisions. It is unique in that it creates a |
| An employer must grant an eligible employee up to a | | | | foundation of family and medical leave benefits for |
| total of 12 workweeks of unpaid leave in a 12-month | | | | eligible workers, but does not set any defining |
| period for one or more of the following reasons: | | | | limitations. As an employer, it is imperative that you |
| · the birth and care of a newborn child (an | | | | understand this directive and its requirements for |
| employee's entitlement to family and medical leave | | | | implementations. |
| for the birth or placement of a child expires 12 | | | | For a comprehensive look at the law, go to the |
| months after the birth or placement of the child), | | | | Department of Labor website and select "Family & |
| · the placement with the employee of a child for | | | | Medical Leave" from the side toolbar. |
| adoption or foster care and to care for the newly | | | | |