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.
The basics of FMLA compliance include:
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.
FMLA applies to the following employers:
Apart from providing employees of covered employers with unpaid, job-protected leave for specified family and medical reasons, the FMLA also establishes the following:
Employers are responsible for the following under FMLA.
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.
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.
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.
An employer may require a certification when employee requests leave for:
If an employer requires certification, they must ensure that employees are aware.
Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:
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.
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.
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).
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.