Workers in every sector are increasingly taking this quote to heart, and taking advantage of the Family Medical Leave Act (FMLA) offered by their employers. This law allows an employee to take unpaid leave to care for a loved one with a serious medical condition, spend time with a newborn baby, or address personal medical needs, in addition to other provisions.
Established in 1993, the FMLA gives certain rights to employees to ensure job protection in the event they need time off for specific health and family reasons. Since the FMLA took effect, the trend of creating work-life balance has grown, but some employers remain unclear about eligibility requirements and protocols surrounding the regulation.
To help you understand the law and its scope, we’ll take a look at how the FMLA works, which businesses it applies to and some best practices for ensuring compliance.
The FMLA doesn’t apply to every business — only those with more than 50 employees must comply. This federal act requires these organizations to grant employees up to 12 weeks of unpaid leave each year for circumstances including:
FMLA can also be provided for military leave. An employee can take up to 26 weeks unpaid leave to handle specific situations that require attention due to the military deployment of a spouse, child or parent, or to care for an immediate family member who is injured while on duty. Additional provisions may apply.
In addition to ensuring an employee isn’t fired for taking time off under these circumstances, eligible employers are also required to continue the employee’s healthcare benefits during FMLA leave. Note, however, that employees are still required to pay any portion of premiums that they ordinarily would during this time.
As is true with many government regulations, FMLA eligibility requirements aren’t always cut-and-dried. Some businesses have two FMLA laws to consider: federal and state. Some states (including Wisconsin) have their own rules, and whichever is most beneficial to the employee is the one that must be followed.
Employers need to check with their states’ requirements. Even then, knowing which rules to follow can be very confusing and it’s recommended they consult a Human Resources (HR) expert.
What if a company doesn’t meet the 50-employee threshold? Even though these smaller employers are not required to offer FMLA or to guarantee employment or benefits if employees take extended leave, it’s considered a best practice to do so. The important consideration is to establish processes and consistently offer the same benefits to every employee.
If employer eligibility wasn’t confusing enough, the time-off requirements for FMLA also can vary by state. Whereas federal regulations grant up to 12 weeks total unpaid leave per year for various conditions, states can dictate their own requirements. Using Wisconsin as an example again, employees can receive six (6) weeks for maternity leave, two (2) weeks to care for immediate family members and two (2) weeks for personal leave — a total of 10 per year. Once again, stay informed about your specific state’s rules and confirm which requirements apply to your business with an HR professional.
Keeping track of FMLA for each qualifying employee can be a challenge. However, there are some general guidelines to keep in mind.
There are many more FMLA considerations, and scenarios that may or may not qualify. Most important for employers is to develop internal processes to ensure consistency and compliance. Accurate tracking is imperative and is best done through robust HR software – and guidance from an HR expert familiar with your state’s specific requirements and considerations.
Knowing what types of requests qualify for FMLA can be tricky, and addressing potential misuse is a challenge, especially without proper documentation. If your company has 50 or more employees and is struggling to identify FMLA requirements, download our Workplace Compliance Requirements Guide below or reach out to the experienced HR team at McClone to help you understand the complexities of this law.
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