Understanding FMLA Requirements for Employers

Overview

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. For employers with 50 or more employees, understanding and properly administering FMLA is a legal obligation.

Who Must Comply

FMLA applies to all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees within a 75-mile radius. Even if your total headcount exceeds 50, if employees are spread across locations with fewer than 50 within 75 miles, certain locations may be exempt.

Employee Eligibility

To be eligible, an employee must:

• Have worked for the employer for at least 12 months
• Have worked at least 1,250 hours during the 12 months prior to the start of leave
• Work at a location where the employer has 50 or more employees within 75 miles

Qualifying Reasons for Leave

Employees may take FMLA leave for:

• The birth of a child and to care for the newborn within one year of birth
• Placement of a child for adoption or foster care
• Caring for a spouse, child, or parent with a serious health condition
• A serious health condition that prevents the employee from performing job functions
• Qualifying exigencies related to a family member's military service

Employer Responsibilities

Notice Requirements

Employers must post FMLA notices in the workplace and include FMLA information in employee handbooks. When an employee requests leave or you learn that leave may be FMLA-qualifying, you must provide eligibility and rights notices within five business days.

Documentation

You may require medical certification to support a request for leave due to a serious health condition. The certification should be requested within five business days and the employee should be given at least 15 calendar days to provide it.

Job Restoration

Upon return from FMLA leave, an employee must be restored to the same job or an equivalent position with equivalent pay, benefits, and terms of employment.

Common Pitfalls

• Failing to recognize FMLA-qualifying leave: An employee does not need to specifically mention FMLA. If you learn that leave may qualify, you must investigate and notify the employee.
• Counting FMLA leave against attendance policies: You cannot count FMLA-protected absences against an employee in attendance-based discipline systems.
• Inadequate record-keeping: Maintain detailed records of leave requests, notifications, certifications, and communications.

Best Practices

1. Train all supervisors to recognize potential FMLA situations
2. Establish clear internal procedures for processing leave requests
3. Use standardized forms for all FMLA notices and certifications
4. Track leave usage carefully and consistently
5. Consult legal counsel for complex situations