The Family and Medical Leave Act (FMLA) is a federal law that guarantees eligible employees in the U.S. 12 weeks of protected, unpaid leave per year for specific family and medical reasons.
The FMLA is a landmark piece of U.S. legislation enacted in 1993 and designed to provide a safety net for employees navigating work and family life demands. This law grants professionals the opportunity to take time off with the assurance of keeping their jobs and health insurance coverage amid consequential life circumstances.
Eligible employees can step away from work to care for a newborn, aid a family member with a significant health issue, or recover from their own serious condition—all without the stress of losing their position or benefits. FMLA also covers certain entitlements for military family leave.
The FMLA applies to all public agencies in the U.S., including public and private school systems and companies with 50 or more employees. It's rooted in helping employees balance their work and family responsibilities by providing job protection and continued employee benefits to promote stability and economic security among working families.
FMLA requirements and eligibility
According to the U.S. Department of Labor, understanding FMLA eligibility and requirements is not particularly easy. So, here’s a simple breakdown of who qualifies for FMLA leave and under what circumstances.
Who is eligible for FMLA leave?
To be eligible for FMLA leave, employees must meet a few key criteria:
- Work for a covered employer. The employee must be employed by a U.S. company or organization under FMLA regulations. This includes private-sector businesses with 50 or more employees, public agencies, and public and private K-12 schools.
- Meet length of employment requirements. The employee must have worked for the employer for at least 12 months. This time doesn't need to be continuous; any work done in the last seven years generally counts, with some exceptions, particularly for breaks due to military service.
- Fulfill hours worked requirement. The employee must have worked at least 1,250 hours in the 12 months before taking FMLA leave, which equates to about 25 hours per week.
- Meet work location criteria. The employer must have at least 50 employees within a 75-mile radius of the employee's work location.
What are the qualifying reasons for taking FMLA leave?
Eligible employees can take a maximum of 12 weeks of unpaid family leave within a year-long period for several reasons:
- Caring for a newborn. This includes time for bonding with a new child within one year of birth.
- Adopting or foster care. Employees can take leave to care for a newly adopted child or a child in foster care, including bonding time within one year of placement.
- Caring for a family member. Leave is available to care for a spouse, child, or parent with a major health condition.
- Nurturing a serious health condition. Employees can use FMLA leave for a severe medical condition that prevents them from performing their job duties.
- Qualifying exigencies related to military service. These are situations associated with the deployment of a military spouse, child, or parent.
Additionally, caregivers for a covered service member with a serious injury or illness—and who are their spouse, son, daughter, parent, or next of kin—may take up to 26 weeks of leave in a single 12-month period.
These requirements ensure organizations use FMLA correctly and effectively. Note that some states have their own family leave laws with different rules and eligibility criteria, so checking local regulations can provide additional clarity.
FMLA rules for employers
Employers covered by the Family and Medical Leave Act have specific responsibilities to ensure compliance and avoid legal ramifications. Here’s a simplified rundown of what you need to know:
- Display notices. Post the official FMLA poster and include FMLA rights in employee handbooks or provide them when onboarding new talent. This is especially relevant when hiring employees in the U.S.
- Determine eligibility. When an employee requests leave, quickly assess their eligibility and notify them within five business days.
- Designate leave. If the leave qualifies under FMLA, mark it as such and inform the employee in writing within five business days.
- Maintain benefits. Continue the employee’s health insurance coverage as if they were working.
- Job protection. When the employee returns, reinstate them to their original or an equivalent job with the same pay and benefits.
- Keep records. Maintain records related to FMLA leave for at least three years.
Avoiding FMLA violations
To stay compliant and avoid pitfalls, employers should follow these tips below.
- Train staff members. Ensure managers and HR staff understand FMLA rules.
- Create clear policies. Develop and share clear FMLA policies with employees.
- Respect privacy. Keep employee medical information confidential and only request necessary details.
- Be consistent. Apply FMLA policies equally to avoid claims of discrimination.
- Document everything. Record all FMLA-related communications and decisions.
- Avoid retaliation. Don’t penalize employees for taking FMLA leave.
- Manage intermittent leave. Implement a system to manage intermittent leave appropriately.
- Conduct audits. Regularly review FMLA practices to ensure compliance and find areas for improvement.
- Be flexible. Allow a reasonable time period for medical certifications and be mindful of overlapping leave types, such as workers' compensation.
By following these guidelines, employers can better manage FMLA leave and foster a compliant, supportive work environment. Larger organizations or those with complex cases may opt to consult with legal or HR experts.
FMLA benefits for employees
The FMLA offers a critical lifeline to help employees balance work and personal life circumstances. Here’s how it benefits eligible employees:
Job protection
With FMLA, employees don’t have to worry about losing their jobs while on leave. They aree guaranteed to return to their original position or an equivalent one with the same pay and benefits. This job protection ensures employment status and accrued benefits remain intact, giving em
Continuation of health benefits
Health insurance coverage continues without interruption during FMLA leave. Employees will keep paying their usual share of the premiums, and their employer will continue to cover its portion, ensuring team members are still covered for medical needs.
Unpaid leave entitlement
Employees are entitled to up to 12 weeks of unpaid time off for various situations, such as the birth or adoption of a child, caring for a seriously ill family member, or managing a health condition of their own. In certain situations, like caring for a seriously injured service member, employees might qualify for up to 26 weeks of leave.
Flexible leave options
FMLA offers flexibility in leave options. Eligible employees may take leave all at once, in intermittent blocks, or on a reduced schedule. This flexibility allows individuals to manage their leave around personal needs and circumstances, providing a balance between work responsibilities and qualifying FMLA situations.
Protection against retaliation
FMLA safeguards employees from retaliation or discrimination related to their leave. They cannot be penalized for taking FMLA leave or having FMLA-related absences. This protection ensures staff can exercise their leave rights without fearing adverse consequences.
Recognizing that life doesn't always perfectly align with work schedules, the FMLA offers employees the security of prioritizing pivotal life events or critical health situations without the fear of losing their jobs and associated benefits.
How is FMLA calculated?
As noted above, the Family and Medical Leave Act guarantees eligible employees up to 12 weeks of unpaid leave within 12 months. However, how this 12-month period is calculated can vary, as employers can choose from four different calculation methods:
- Calendar year. Leave is tracked from January 1 to December 31.
- Fixed 12-month period. Leave is calculated based on a specific 12-month period the employer sets, like a fiscal year or the employee’s anniversary date.
- 12-month period measured forward. The period starts on the first day the employee takes FMLA leave and continues for 12 months.
- Rolling 12-month period. The ”look-back” method calculates the 12-month period backward from the date of any FMLA leave. It helps prevent employees from using more than 12 weeks across two calendar years.
Employers must clearly state their chosen calculation method in their FMLA policy. If they don’t specify, they must use the method most favorable to the employee. Employers can switch methods but must give at least 60 days' notice and ensure the change doesn’t reduce the employee’s FMLA leave entitlement.
What FMLA forms and documents are required?
Applying for FMLA leave involves a few fundamental forms and documents to ensure everything is processed smoothly. While specific requirements might vary a bit depending on the employer, here’s a straightforward guide to what’s generally need:
FMLA request form
This is the form employees start with to request leave. It typically asks for:
- The employee's personal details
- The reason for the leave
- How long the team member expects to be away
- Whether the employee wants to take leave continuously or intermittently
Notice of Eligibility and Rights & Responsibilities (Form WH-381)
The employer must give the employee Form WH-381 within five business days of requesting leave or when they realize the leave might qualify under FMLA. This form:
- Confirms if the employee is eligible for FMLA leave
- Details any extra information they need from the staff member
- Outlines the employee’s rights and responsibilities
Medical certification forms
Depending on the reason for leave, the employee’s healthcare provider might need to complete one of these forms:
- Form WH-380-E. For the employee’s personal health condition
- Form WH-380-F. For a family member’s health issue
- Form WH-384. For military family leave needs
- Form WH-385. For a service member’s injury or illness
These forms generally must be returned within 15 calendar days.
Designation Notice (Form WH-382)
Once the employer has enough information to decide if the leave qualifies under FMLA, they’ll send the employee Form WH-382 within five business days. It confirms whether the leave is officially designated as FMLA leave.
Return-to-work certification
If the leave was due to the employee’s own serious health condition, the employer might ask for a fitness-for-duty certification before they can return to work.
FMLA tracking documentation
Employers will keep track of FMLA leave using:
- Dates of leave taken
- Hours used for intermittent leave
- Copies of all notices exchanged with the employee
These records are kept confidential and separate from personnel files. Employees should complete all forms accurately and submit them on time to avoid delays or issues with their FMLA leave.
How to apply for FMLA leave
Applying for FMLA leave involves a few straightforward steps. Here’s how employees can make the process go smoothly:
1. Notify the employer. Employees should inform their employer about their need for leave as soon as possible. If possible, give at least 30 days' notice before the leave starts, especially if it's foreseeable.
2. Request FMLA forms. Contact the HR department or employer for the necessary forms. Typically, employees will need an FMLA request form and possibly a medical certification form.
3. Fill out the request form. Complete the FMLA request form with details such as the reason for the leave, when it will start, and how long it's expected to be away.
4. Get medical certification. If the leave is related to a serious health condition (the employee's or a family member's), have the healthcare provider complete the medical certification form.
5. Submit the forms. Return all completed forms to the employer within the specified timeframe, usually within 15 calendar days.
6. Provide additional information. Be ready to provide any extra information or documentation if the employer requests it.
7. Await approval. The employer will inform the employee if they're eligible for FMLA leave within five business days of receiving the request.
Following a company’s specific leave policies and the general FMLA guidelines is essential. Open and transparent communication throughout the process helps ensure everything goes smoothly.
FMLA and other laws
The Family and Medical Leave Act intersects with other U.S. laws concerning both employers and employees, particularly:
Americans with Disabilities Act (ADA)
FMLA and ADA can frequently overlap. While FMLA offers a maximum of 12 weeks of leave, ADA might require additional leave as a reasonable accommodation for employees with disabilities. Employers need to consider both laws when handling leave requests related to medical conditions.
Workers' compensation
FMLA leave can run alongside a workers' compensation absence if the injury qualifies as a ”serious health condition” under FMLA. Employers should adequately designate and manage this leave and keep employees informed.
State family and medical leave laws
Many states have their own family and medical leave laws, which might offer more generous benefits than the federal FMLA. Employees are entitled to the most favorable provisions available, and employers must comply with both federal and state regulations.
Pregnancy Discrimination Act (PDA)
FMLA and PDA work together to support pregnant employees. While the PDA prohibits discrimination based on pregnancy, the FMLA offers leave for pregnancy and childbirth.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
USERRA safeguards employees' job rights during military service. Time spent in military service counts towards FMLA eligibility, so it’s crucial to account for this when calculating leave.
Fair Labor Standards Act (FLSA)
FLSA intersects with FMLA in overtime and compensatory time. Employers need to carefully manage how they calculate hours worked for FMLA eligibility and handle overtime during FMLA leave.
FMLA does not override state or local laws providing greater leave rights. When multiple laws apply, employers must follow the one that benefits the employee most. This complex mix of regulations highlights the need for employers to stay current on federal and state laws and seek legal advice if needed to ensure compliance.
Other FMLA FAQs
The following frequently asked questions are common inquiries about FMLA. Addressing these questions provides both employees and employers with a better understanding of its application and implementation.
What is an FMLA qualifying event?
An FMLA qualifying event is a specific situation that lets employees take FMLA leave if they are eligible. This includes events like having or adopting a child, supporting a family member with a serious health condition, caring for a serious health issue, or certain situations related to a family member’s military service.
Do you get paid for FMLA?
FMLA leave itself is unpaid. However, depending on the employer's policies and state laws, employees may be able to use any accrued paid leave (like vacation or sick time) alongside their FMLA leave.
Do I need an FMLA attorney?
Most people can handle FMLA issues without legal help. But if you think your FMLA rights are being violated, your leave is unfairly denied, or you're facing retaliation, it could be helpful to consult an employment attorney.
What happens after FMLA is exhausted?
Once an employee uses up their 12 weeks of FMLA leave, the job protection under FMLA ends. However, other laws like the ADA or state regulations might still offer protections or additional leave. Some employers may have policies that provide extended leave options.
Can you break up FMLA?
Yes, employees can take FMLA leave in chunks or on a reduced schedule if it's medically necessary or related to a qualifying emergency. This flexibility lets staff members take leave in separate periods or by lowering their usual work hours.
Businesses with distributed teams throughout the U.S. can avoid the labor- and resource-intensive tasks of keeping up with and complying with federal and state-specific employment legislation by offloading HR and compliance risks to an employer of record (EOR) like Velocity Global.
Disclaimer: The intent of this document is solely to provide general and preliminary information for private use. Do not rely on it as an alternative to legal, financial, taxation, or accountancy advice from an appropriately qualified professional. © 2024 Velocity Global, LLC. All rights reserved.
