The FMLA is a federal law that can entitle employees of covered employers to take unpaid, job-protected leave for specific family and medical reasons. Here are some key rules around FMLA:
Eligibility- It is important to note that only employees who have worked for the employer for 12 months and for at least 1250 hours in the 12 months before the start of the leave are entitled to FMLA.
- The employer must have a least fifty employees within 75 miles of the worksite. Thus, organizations that are considered small employers are usually exempted from offering FMLA leave.
Types of Leave Covered- Employees can take up to 12 weeks of leave in a 12-month period for reasons including: Due to their own personal health conditions, illness, or to care for a family member, birth of a new child, or for military family reasons.
- Sick leave may be taken accumulated or on a periodic basis depending on the circumstances. Temporary leave must be allowed in the event the employee needs to go for medical attention for a sick family member or because their health is bad.
Job Protection- Before the start of FMLA leave, employees must be informed of their eligibility and rights under FMLA, and upon returning from FMLA leave employees must be restored to their original job or a position that is similar with the same pay and benefits.
- Employer is required to provide continued group health coverage for the period of FMLA leave as if the employee had been working continuing to pay the portion of the premiums.
Notification Requirements- Employees are obliged to follow their employer’s policies regarding adequate notice, documentation, and certification of the necessity of FMLA leave.
- In circumstances where leave is anticipated, employers may insist on 30 days’ notice of the leave. Employees are required to give notice to the employer in situations that cannot be anticipated like;
This are some of the major rules and provisions of the Family and Medical Leave Act that any employer and employee should be aware of. But there are still more detailed specifications, though these few points encompass the most important aspects.