What is FMLA?
FMLA, or Family and Medical Leave Act, is a federal law that was enacted in 1993 that protects an employee’s job if they need to take time off for a qualifying reason. The law guarantees eligible employees up to 12 weeks of unpaid, protected leave on family and medical grounds while still maintaining access to all health benefits through the company plan.
The purpose of FMLA is to:
- Ensure job security in the employee’s current position
- Balance employees’ workplace and family needs
- Promote the stability and economic security of families
- Preserve family integrity
- Allow employees to take reasonable leave for important health and medical reasons
- Entitle employees’ reasonable work-life balance while accommodating the legitimate interests of employers
Who is Eligible for FMLA?
There are regulations and standards put in place by the Department of Labor (DOL) that include criteria to determine whether an employer or employee is eligible.
Company Eligibility
FMLA applies to private businesses that employ 50 or more employees for a minimum of 20 workweeks in a calendar year. Small businesses with less than 50 employees aren’t covered by FMLA, but they may be covered by state family and medical leave laws. All government agencies and both public and private elementary and secondary schools, no matter the number of employees, are covered by FMLA.
Employee Eligibility
There are some requirements an employee needs to meet to be eligible for FMLA leave.
First, an employee must work for an employer who’s covered by FMLA, then they need to meet additional criteria around the length of their employment including:
- A minimum of 12 months, though they do not have to be 12 consecutive months
- At least 1,250 hours in the 12 months before they plan to take leave
In addition to length of employment, FMLA stipulates that an employee must also work in a location with at least 50 employees within 75 miles. If the employer has over 50 employees, but they are not within 75 miles of one another, the employee does not qualify for FMLA leave. This rule does not apply to remote employees, as employees that telecommute have the rule apply to the office that they report to every day, not the company’s office.
FMLA Eligible Leave
There are four specific scenarios that qualify employees for FMLA leave, including:
- Birth, adoption or foster placement of a child in the employee’s home
- Employee’s own serious health condition
- Health condition of a spouse, child or parent
- Qualifying needs related to a child, spouse or parent being in the military
How FMLA Impacts a Business
The biggest impact to a business when an employee goes on FMLA leave is that they must hold the employee’s position and continue to provide health benefits during their absence. Employers are required to restore employees to the same position they held—or a similar position with similar compensation and responsibilities—after they return from leave. They also must continue to pay benefits for the employee while they are on leave.
An Employee’s Obligations to Their Employer
The DOL also has guidelines for employees to help safeguard businesses that meet the FMLA requirements. Before an employee plans to take leave, they must provide a 30-day notice. If FMLA needs to be taken with short notice, they are required to inform their employer as soon as possible and follow the employers’ guidelines for time-off notices. This ensures that employers and employees maintain communication about an employee’s situation and leave and that the FMLA leave is properly processed and upheld.
Commonly Asked Questions
Can FMLA leave be taken intermittently?
Yes, employees can take FMLA leave intermittently in separate blocks of time to reduce their usual daily or weekly schedule to take care of a medical condition.
Can employees work during FMLA leave?
Employers are not allowed to make their employees work while on FMLA leave. However, they can occasionally contact the employee for small details such as the location of files and updates on the projects the employee was handling before their leave.
Can employees collect unemployment benefits while on FMLA leave?
Employees are not entitled to unemployment benefits while on FMLA leave.
How Do Companies Stay on Top of FMLA Leave?
Businesses of all sizes look to third-party solutions to help them manage all the aspects of FMLA. isolved offers an FMLA leave management solution that helps keep track of which employees are on leave, tools to prevent abuse, compliance assistance and more. Learn more about our comprehensive solution.