FMLA

The Family Medical Leave Act was passed in 1993 and continues to help employees today.

I often hear questions about the Family and Medical Leave Act. Even though it’s been in place for more than 25 years, many employees don’t know about this benefit or what it takes to qualify for it. Many new managers or supervisors assume they know the details and give incorrect information to employees. These assumptions are why it is essential to regularly review FMLA with your leadership team and employees, even if your organization is too small to offer it. You want to provide facts to everyone to prevent any misunderstandings.

Here is a very high-level overview of FMLA:

When an employer has 50 or more employees, they are considered a “covered” employer and must provide FMLA. Even if the number of employees occasionally drops below 50, the employer is still considered covered. Employers must display posters outlining the rights of employees and how they can file a complaint with the Department of Labor if those rights are violated.
Employees are eligible for FMLA when they have worked at least 12 months for an employer and 1,250 hours in the previous 12 months. This can get confusing for an employer because the 12 months do not have to be consecutive, and the employee status doesn’t have to be full-time.
Employees can take leave for a serious health condition or to care for a spouse, child, or parent with a serious health condition.
Employees can take time to bond with a new child after birth, adoption, or foster care placement. Both mothers and fathers are eligible for this benefit up to one year after the birth or placement date.
Employees can take time if their spouse, child, or parent is in the military. This includes being on active duty or being called for active duty.
The employee’s job is protected for up to 12 weeks of leave in a 12 month period. This can be taken intermittently or in blocks of time, depending on the needs outlined in the certification.

Leaders should refer employees to HR whenever an employee has a question about FMLA. HR will provide consistent answers and have the resources to get more clarification if necessary. It’s also important for leaders to share with HR any time they have a conversation with an employee about a potential serious health condition. It’s so common for a manager to be aware of an employee’s spouse being hospitalized, but the employee doesn’t know about FMLA, and HR doesn’t know about the hospitalization.

If you would like more information, the Department of Labor has a great guide for employers on their website - https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf.