The FMLA: Know the Basics

Thanks to the Family and Medical Leave Act, companies that employ 50 or more people are required to offer up to 12 weeks of unpaid leave per year to all eligible employees. 
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Who is eligible for unpaid leave under the Family and Medical Leave Act?
Employees with the following circumstances are eligible for FMLA unpaid leave: 

• Those who are giving birth to a newborn child
• Those who need time to care for a newborn child
• Those who are becoming adoptive or foster parents
• Those who take care of immediate family members who have serious health conditions
• Those who need to take a medical leave of absence

What can employees expect after taking FMLA leave?
If you take FMLA leave, you can expect to return to the same — if not nearly identical — position you held prior to the time you spent away from the workplace. You can either take FMLA leave all at once or you can break it down into multiple smaller absences, depending on the conditions of your need for FMLA leave.

Also, if you are eligible for paid leave, you can choose to use employer-provided paid leave concurrently as your FMLA leave. Likewise, employers can request that employees apply paid leave at the same time as their FMLA leave.

As long as you — as an employee — worked at least 1,250 hours within the past 12 months, you are eligible for FMLA leave. Now, just keep in mind that the Fair Labor Standards Act determines what applies toward FMLA leave, and situations like taking time off due to circumstances such as pregnancy complications can be counted against the 12 weeks of FMLA leave that you can utilize every year. 

Who enforces paid leave under the FMLA?
The Department of Labor’s Wage and Hour Division enforces the rules of the FMLA. However, employers are responsible for informing employees that they have 12 weeks of FMLA leave at their disposal.

Examples of FMLA best practices
Review the details of each employee's situation to determine their FMLA eligibility based on the nature of their request. Make sure your employees have worked enough hours to qualify for FMLA, and find a way to track leave requests that works for your business.

Respect your employees’ time by promptly responding to leave requests, especially in urgent situations. Timely responses will also ensure that your company remains in compliance with federal laws.

If you're unsure as to whether a situation qualifies for FMLA, consult with your HR team. In cases where FMLA leave requests are approved, double-check that you redistribute employee responsibilities in a way that accounts for the employees on leave while they are away.

Regulations for unpaid FMLA leave
Under the FMLA, you are required to inform your employees about their eligibility for FMLA leave. If employees submit an FMLA leave request, you should either accept their request or provide them — within five business days of their request — with at least one reason for their ineligibility.

Your employees are expected to submit an FMLA leave request at least 30 days in advance. Now, if they are approved for FMLA leave and their absence will be due to a serious health condition, you might need to submit a fitness-for-duty certification to confirm your employee’s ability to return to work.
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Ultimately, when it comes to managing FMLA requests submitted by your employees, it’s important to handle the situation in a way that supports them. After all, they are entitled to FMLA leave. Just make sure you establish a temporary schedule to ensure operations are smooth while your employee is away.

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