FMLA Basics for Employers

– Christopher Butler, Esq.

In some circumstances, employees may be entitled to a leave of absence to help balance their serious health needs against their work obligations. In particular, astute employers should be aware that the Family and Medical Leave Act (FMLA) may obligate them to provide certain employees with extended, unpaid leaves of absences in certain qualifying circumstances. The FMLA can be tricky, but we’ll discuss the basic framework below.

What is the FMLA?

The FMLA is a federal law that provides eligible employees with up to 12 weeks of job-protected leave per year for certain personal or family medical reasons. Although complex in application, employers are nevertheless responsible for understanding what requirements and obligations the FMLA places upon them so as to ensure compliance and avoid potential legal liability. In a nutshell, the FMLA provides eligible employees with:

• Personal Leave – Up to 12 weeks of unpaid leave during a 12-month period in the event that an employee has a serious health condition that impedes his/her ability to perform his/her job; 

• Family Leave – Up to 12 weeks of unpaid leave during a 12-month period for situations such as the birth of a child, care for a newly placed adopted child, and care for an eligible employee’s spouse, child, or parent with a serious health condition; and

• Military Caregiver Leave – Up to 26 weeks of unpaid leave during a 12-month period for employees who need to care for an immediate family member who is a qualifying service member with a serious injury or illness.

Who is Eligible for FMLA? 

To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months and worked at least 1,250 hours of service during the 12-month period immediately preceding the commencement of leave. Thus, both full-time and part-time employees may be eligible for FMLA leave. An employee’s eligibility is further contingent upon him/her giving appropriate advance notice of the need for leave (usually at least 30 days) and providing a completed medical certification to substantiate the qualifying medical condition.

However, in order for a company to be covered under the FMLA, it must have at least 50 employees within a 75-mile radius. Employers with fewer than 50 employees may still be covered under some state family medical leave laws, but very few of them are markedly more onerous than the FMLA.

Generally, if these eligibility requirements are satisfied, an employee will qualify for a designated period of FMLA leave if he/she provides supporting medical documentation substantiating the need for leave.

Employers Responsibilities Under the FMLA

Under the FMLA, employers are generally responsible for providing: 

● Information/Notice – General written notice of employees’ FMLA rights and responsibilities must at all times be posted in a location whereby workers may readily locate it (or within an employee handbook, company intranet, etc.).

Furthermore, within 5 business days of receiving an employee’s request for leave, the employer must provide written notice of the worker’s rights and responsibilities and notice of eligibility;

● Unpaid Leave – Up to 12 weeks of unpaid family leave or personal leave, or up to 26 weeks of unpaid military caregiver leave, for qualifying employees; and

● Health Insurance Benefits/Job Protection – During the course of an employee’s leave, the employer must maintain the worker’s group health insurance benefits (if applicable), although the employee may ultimately be responsible for paying his/her share of premiums. 

Moreover, the employer must reinstate the employee to his/her same or equivalent job once he/she returns from leave.

Indeed, on its face, the FMLA involves a lot of arithmetic. And, in truth, if most of us lawyers were any good at math, we wouldn’t have become lawyers in the first place. But, with time and practice, these key numbers become second nature. 

The Takeaway
The FMLA is often misunderstood and misinterpreted, and compliance efforts can bring confusion and headaches. We constantly receive questions from worried employers and HR professionals about their obligations to employees who have requested, or are already taking, FMLA leave. And, there are really never any dumb questions; only well-considered answers. More often than not, a bit of strategic planning and careful communication will readily facilitate drama-free FMLA leave management. If your company is facing a difficult FMLA or employee leave situation, or simply needs general guidance going forward, we have years of experience helping business-owners, management, and HR professionals understand and comply with the FMLA, and perhaps we can help you too – contact Chris Butler with Agenzia.