The Federal Family and Medical Leave Act (FMLA) is a law that was established in 1993 that requires employers to grant certain employees up to 12 work weeks of unpaid leave each year while holding on to their jobs for them. FMLA also requires that during the period of unpaid leave, employers maintain the health benefits of eligible employees.
Does FMLA apply to all employers?
No. FMLA applies to private employers who employed 50+ employees for at least 20 work weeks during the current or previous year, and to all public agencies such as State and Federal employers and public schools, regardless of the number of employees.
Which employees are eligible for FMLA?
The requirements for being eligible for FMLA include:
- Work for an employer who must comply with FMLA law.
- Have worked for the employer for at least 12 months (not necessarily consecutively) and at least 1250 hours during those 12 months.
- Work at a location where the employer has at least 50 employees within a 75 mile radius.
In what situations would an employee apply for FMLA leave?
- If the employee can’t work because of a serious medical issue.
- If the employee must care for an immediate family member with a serious medical issue.
- The birth and care of a newborn child.
- The placement of an adopted child in foster care.
- A “qualifying exigency,” which means a situation in which the employee’s spouse, child or parent is called up/on active duty for the National Guard or Reserve.
Do employees need to prove their situations in order to qualify for FMLA?
Yes. While employees do not need to provide actual medical records, they do need to provide some sort of medical certification, for themselves or immediate family members.
Do employers need to grant FMLA leave to employees?
Yes, as long as the employer meets the requirements and the employee meets the requirements. According to the law, employers must also hold the job of the employee who takes FMLA leave.
If you are not sure whether your company must comply with FMLA, contact Corporate Financial today and we will be happy to assist you!