Complete Guide to the Family and Medical Leave Act (FMLA)

FMLA Overview

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 workweeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave.

Enacted in 1993, FMLA aims to balance workplace demands with family needs, promoting stability and economic security.

It applies to public agencies, elementary and secondary schools, and companies with 50+ employees.

Employee Eligibility

To qualify for FMLA leave, an employee must:

• Work for a covered employer
• Have at least 12 months of employment (not necessarily consecutive)
• Have 1,250 hours of service in the 12 months prior
• Work at a location where the employer has 50+ employees within 75 miles

Employment periods do not need to be consecutive. Breaks of 7+ years may affect eligibility unless covered by USERRA.

Covered Reasons for Leave

Employees may take FMLA leave for:

• Birth and bonding with a newborn within 1 year
• Adoption or foster care placement within 1 year
• Care for a spouse, child, or parent with a serious health condition
• Serious health condition that makes the employee unable to perform job duties
• Qualifying exigency for military family members

Up to 26 weeks to care for covered servicemembers with serious injuries or illnesses.

Employer Obligations

1. Provide Notice: Post notices explaining FMLA rights and procedures.
2. Maintain Health Benefits: Keep employee’s health coverage during leave.
3. Restore Position: Return employees to same or an equivalent position after leave.
4. Recordkeeping: Keep records of FMLA leave requests and compliance.

Employee Rights

• Take unpaid, job-protected leave for qualifying reasons
• Maintain health insurance during leave
• Return to the same or an equivalent job
• Be protected from interference, retaliation, or denial of rights
• File complaints for violations

Required Documentation

Employer Documentation

• Workplace poster
• Eligibility Notice (within 5 days)
• Rights & Responsibilities Notice
• Designation Notice (within 5 days)

Employee Documentation

• Advance notice for foreseeable leave
• Notice "as soon as practicable" for unforeseeable leave
• Medical certification from healthcare provider
• Periodic updates during leave
• Fitness-for-duty certification before return

State FMLA Laws

Many states have their own family and medical leave laws that may:

• Cover smaller employers
• Expand "family" definition
• Extend leave duration
• Include additional reasons like domestic violence
• Offer paid leave benefits

States like California, Connecticut, Hawaii, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, D.C. have these laws.

Employees are entitled to the most generous law when federal and state laws both apply.

Common Compliance Issues

1. Failure to recognize qualifying leave
2. Improper handling of intermittent leave
3. Late or incomplete notices
4. Poor recordkeeping
5. Retaliation or discrimination
6. Mishandling return-to-work