Is Your Comany in Compliance With The Family Medical Leave Act?

The Family Medical Leave Act (FMLA) mandates which accommodations employers must provide for employees who need to take time off in order to take care of themselves or their ailing family members. Every private business with at least 50 active employees, at work on any given work day, must abide by the rules provided in this piece of legislation.

Which employees are entitled to FMLA protections?

Not every employee is entitled to the benefits provided in the FMLA. In order to be eligible for FMLA benefits an employee must work within 75 miles of a worksite where his/her employer has at least 50 employees. Additionally, the employee must have worked for that company for at least 12 months and have completed at least 1,250 hours of work during that 12 month period of time.

If the employer is an business, which satisfies the definition provided above and if the employee meets all of the eligibility requirements then that employee is entitled to receive up to 12 weeks of unpaid leave. The employee is entitle to take a such a leave if they are doing so in order to: 1) give birth, 2) take care of a child after giving birth, 3) take care of immediate family member who has a serious health condition, 4) take care of their own serious health condition or 5) they are taking time off after adopting a child or receiving a foster child. The employee may go on leave within 12 months after any of these events occur. For example an employee may adopt a child, return to work and then three months later take a 12 week leave of absence to take care of the newly adopted child.

Must the employee take their leave as one continuous break?

A qualified employee may take their leave as either: a solid 12 week period of time, on an intermittent basis or on a reduced schedule basis. Employers are not required to allow employees to take leave on an intermittent or reduced schedule basis if the employee is taking time off in order to care for a newly adopted child or foster child. In theory, the FMLA also allows employers to deny a request for intermittent or reduced schedule leave if the grounds for the request are related to the birth of a child. However, employers should be cautious when denying such requests because such a denial will violate the FMLA, if the employee can allege that they are requesting the leave because the pregnancy has lead to serious health complications.

What are the benefits provided to the employee under FMLA?

During the leave period the employer must maintain the employees medical benefits at their previous level. Additionally, an employee who returns from FMLA leave is entitled to be restored to the same or an equivalent job. However, the employee is not entitled to receive additional sick leave or vacation time which would have accrued had he/she remained at work.

What are the protections provided for employers under FMLA?

Employers are provided with certain rights under this act. If an employee requests an intermittent or reduced schedule leave the employer may transfer the employee to a different position as long as the new position offers the same pay and benefits. Additionally, employers have the right to request a medical certification of a serious health condition before granting leave. Furthermore, an employer is also entitled to demand periodic reports on the employee’s health status and to inquire if the employee intends to return to work.. It is important to note that due to the emotional impact and strain of a serious illness employers are cautioned to make such inquiries in a respectful manner. Callous or accusatory inquires may lead to all sorts of legal unpleasantness. Before such inquires are made it is best to establish them as a company policy and to inform all employees of this policy in the employee handbook.