The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons.
This article will walk you through FMLA basics that every employer should understand.
FMLA Basics for Compliance
The basics of FMLA compliance include:
- What employers are covered?
- Basic Establishments
- Employer Requirements and Responsibilities
Employers should also consider gaining a more in-depth understanding of everything specified under the Family and Medical Leave Act (FMLA). If located in New York, like us, keep in mind there are a variety of New York Employee Leave Options outside of just FMLA.
Who Is Covered by FMLA?
FMLA applies to the following employers:
- Private-sector employers who employ 50 or more employees in 20 or more workweeks in the current or previous calendar year.
- Public Agency Public agencies are covered employers under the FMLA, regardless of the number of employees they employ.
- Local educational agencies, including public school boards, public elementary and secondary schools, and private elementary and secondary schools, regardless of the number of employees.
Basic Establishments
Apart from providing employees of covered employers with unpaid, job-protected leave for specified family and medical reasons, the FMLA also establishes the following:
- Requires employers to maintain employees’ health benefits during leave
- Requires employers to restore employees to their same or an equivalent job after leave
- Sets employer and employee requirements for notice (procedure for leave)
- Provides employers with the right to require certification of the need for
- FMLA leave in certain circumstances
- Protects employees from interference and retaliation for exercising or attempting to exercise their FMLA rights
- Sets employer recordkeeping requirements
Employer Requirements and Responsibilities
Employers are responsible for the following under FMLA.
Posting Requirements
Every employer covered by the FMLA must display or post an informative general notice about the FMLA and include FMLA information in the Employee Handbook.
Employers struggling with these responsibilities may want to consider labor law poster services or employee handbook services.
Determine Employee Eligibility
One of the more common challenges with FMLA compliance is determining which employees are eligible, for which they are responsible.
Employers may want to consider modern time and attendance software and leave management software, which can help track things such as employee eligibility.
Provide Employee Notices
Employers must provide a written Rights and Responsibilities Notice each time the employer provides an eligible employee the Eligibility Notice, within five business days of having notice of the employee’s need for leave.
If the employee’s leave has already begun, the Rights and Responsibilities Notice should be mailed to the employee’s address.
Notify Employees When a Certification Is Needed
An employer may require a certification when employee requests leave for:
- The employee’s own serious health condition, - An employer may also, in certain circumstances, require a fitness-for-duty certification at the conclusion of the employee’s leave as a condition to returning the employee to the job
- The serious health condition of the employee’s parent, spouse, or child
- Military family leave
If an employer requires certification, they must ensure that employees are aware.
Determine if Leave Requests Are Eligible for FMLA Leave
Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:
- Birth and Bonding
- Adoption and Foster Care
- Serious Health Conditions
- Military Active Duty
- Military Caregiver
Grant or Deny Requests and Provide Designation Notice
The employer is responsible in all circumstances for designating leave as FMLA-qualifying and giving a Designation Notice to the employee.
The Designation Notice informs the employee that the requested leave will be designated as FMLA leave and sets out the requirements applicable while the employee is on leave.
Maintain Employee Health Benefits
An employee is entitled to the continuation of group health insurance coverage during FMLA leave on the same terms as if they had continued to work.
If an employer provides a new health plan or benefits, or the health benefits or plans change while an employee is on FMLA leave, the employee is entitled to the new or changed plan/benefits to the same extent as if the employee were not on leave. Any plan changes (e.g., in coverage, premiums, deductibles, etc.) that apply to all employees of the workforce would also apply to an employee on FMLA leave.
Lastly, an employee may choose not to retain group health plan coverage during FMLA leave. However, when an employee returns from leave, the employee is entitled to be reinstated on the same terms as prior to taking the leave.
Maintain Job Protection Rights
When an employee returns from FMLA leave, they be restored to the same job held when the leave began or to an "equivalent job."
An employee is also entitled to any unconditional pay increases that occurred while they were on FMLA leave. Equivalent pay also includes any unconditional bonuses or payments. If the employer pays the bonus to such employees taking leave for a non-FMLA reason, it must also pay the bonus to an employee taking FMLA leave.
Lastly, any benefits an employee accrues prior to a period of FMLA leave must be available to the employee when they return from leave. Benefits provided to employees must be resumed in the same manner and at the same level as when the leave began, subject to any changes in benefit levels affecting the entire workforce.
Recordkeeping
Covered employers subject to the FMLA are required to make, keep, and preserve applicable records for no less than three years.
Employers need not retain the records in any form (electronically or in any other computer format, as long as all of the required information is included).
Get Help with FMLA Compliance
Employers who are struggling with maintaing FMLA compliance, or other leave laws in your state, may want to consider leave managament advisement services.
With EBC HCM, employers can gain access to leave management advisement services, which include direct help with management through administrative services, or expert disciplinary guidance around the leave regulations and requirements that apply to your business.
To learn more about leave management advisement, or our other HR Services, contact us today.
