The Family and Medical Leave Act, FMLA, was implemented in 1993 and allows for job-protected leave as well as benefits coverage for employees who meet the requirements. This means employees can take time from work to deal with their health problem or the needs of children or other family members. The Department of Labor enforces this federal law. FMLA applies to all employer groups that have more than 50 employees and all public agencies at the state, local and federal level.
Employee Eligibility
There are four main requirements for an employee to qualify for FMLA. They are to work for a covered employer, must have worked for the current employer for at least 12 months, must have worked at least 1,250 hours over the last 12 months and at a location where at least 50 employees of the company are employed within 75 miles of the company location.
In some situations, an employee may take the 12 weeks of FMLA leave in increments, which is called intermittent leave. This can also be done via a reduced weekly or daily work schedule. In this case, it is the employee’s responsibility to make a reasonable effort to not “unduly disrupt the employer’s operation.”
Qualifying Events
Qualifying events or leave entitlement refers to the conditions under which an employer must grant an employee FMLA leave. Under these events, an employee is eligible for a total of 12 work weeks of unpaid leave during a 12-month period. FMLA leave may be used for the birth of a child; placement of a child for adoption or foster care; care for a spouse, child or parent with a serious health condition; or a serious health condition for the employee. FMLA also applies to qualifying circumstances where the employee’s child, spouse or parent is on an active duty or called to active duty status as a National Guard or Reserves member in support of a contingency operation.
FMLA defines a serious health condition as one that involves a period of incapacity or treatment that requires on-going treatment by a physician in a medical setting, or a condition that requires a leave of three calendar days from work.
Maintenance of Health Benefits
Under FMLA, the employer must keep health care coverage active for the employee who takes the leave. This is done under group coverage and is applicable as long as a health care coverage policy was in effect prior to the employee taking leave. The coverage will continue as if the employee was still physically at work engaging in day-to-day duties. Some cases require the employee to pay their share of any premiums while on leave and arrangements are made on a case-by-case basis.
Notice and Certification
Employees who want to use FMLA may have to give their employer 30-day advance notice, medical certification that outlines the need for FMLA, second opinions or periodic recertifications and periodic reporting during the FMLA period with discussion on intent to return to work. Employers must post the FMLA guidelines within the workplace.
Job Restoration
After FMLA leave, an employee must be returned to his or her original job or an equivalent job with equivalent pay, benefits and others terms of employment. Any benefit the employee was entitled to before using FMLA leave must be available after the leave. FMLA leave can’t be used as a violation of no-fault attendance policies.
