Family and Medical Leave Act 101
02/28/07
Wondering how the Family and Medical Leave Act (FMLA) affects you? To help you sort it out, we’ve tackled some of the more frequently asked questions about this important law:
Q: What is the Family and Medical Leave Act (FMLA)?
A: The FMLA allows eligible employees to take up to 12 weeks of unpaid leave per 12-month period for both family and personal medical reasons. In most cases, the employer must have the same or equivalent job open for an employee when he or she returns to work.
Q: Does the law guarantee paid time off?
A: No. The FMLA only requires unpaid leave. The law does permit the employee to elect or the employer to require the use of accrued paid leave for some or all of the 12-week period.
Q: Which employers must comply with the FMLA?
A: The FMLA covers those who employ 50 or more people for at least 20 weeks in the current or preceding calendar year.
Q: What employees are eligible?
A: To be eligible, employees must have worked for a covered FMLA employer for 12 months or more, but not necessarily consecutively. The employee must have worked at least 1,250 hours in the 12 months preceding the leave. For private employers, the employee must work in a location with at least 50 employees or where there are 50 employees within 75 miles.
Q: What employee circumstances are eligible for FMLA?
A: A covered employee is eligible for FMLA upon the birth or adoption of a child, or placement of a new foster child in the employee’s care. A covered employee is also eligible to take leave for his or her own serious health condition or the serious health condition of a parent, sibling or child.
Q: What constitutes a serious health condition?
A: This includes illness, injury, impairment or a physical or mental condition that involves a period of incapacity or in-patient care. Under certain circumstances, it also includes continuous treatment by a healthcare provider.
Q: Must the 12-week leave period be consecutive?
A: No. The leave can be taken in less than 12-week blocks. The leave may also be taken intermittently or with a reduced schedule to care for a spouse, child or parent. With employer approval, an employee may take intermittent leave to care for a newborn, adopted or foster child.
Q: What are the employer’s responsibilities?
A: You must continue health coverage for the employee assuming it was provided originally. Covered employers must post an FMLA notice and also provide information on the leave policy in the employee handbook or provide it when requested. The employer must also provide the employee written notice designating the leave as FMLA-related.
Q: What are some of the employer’s rights?
A: The employer can insist that the employee use paid vacation, sick or personal leave concurrently. Certification from a healthcare provider can be requested. The employer can request a second opinion. The employee should give 30 days advance notice or as much notice as is possible.
Q: Are there circumstances where an employee can lose his or her job?
A: Yes. Under limited circumstances such as when an employee would have been otherwise laid off or terminated had he or she continued to work. If an employee is unable to return to work after exhausting 12 weeks of FMLA, he or she no longer has FMLA protection.
Q: What are the consequences of noncompliance?
A: The employer can be fined, and administrators, managers and supervisors can be personally liable.
G.Neil’s comprehensive FMLA Answer Kit contains helpful forms, guidebooks, state-specific information, tip sheets and everything you need for FMLA compliance. Order online or call us at 800-999-9111.