2.4 Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is a crucial federal law that provides job-protected leave for eligible employees. It allows workers to balance work and family responsibilities by taking unpaid leave for qualifying reasons without risking their employment.

FMLA covers various employers, including private-sector companies with 50+ employees and public agencies. Eligible employees must meet specific criteria and can take leave for reasons like childbirth, caring for family members, or their own serious health conditions.

Overview of FMLA

• The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected leave for qualifying family and medical reasons
• FMLA aims to help employees balance work and family responsibilities by allowing them to take unpaid leave without fear of losing their job
• Understanding FMLA is crucial for HR professionals to ensure compliance and support employees during difficult times

Covered employers under FMLA

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• Private-sector employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year
• Public agencies, including local, state, and federal employers, regardless of the number of employees
• Public or private elementary or secondary schools, regardless of the number of employees

Employee eligibility for FMLA

• Worked for a covered employer for at least 12 months (need not be consecutive)
• Worked at least 1,250 hours during the 12 months immediately preceding the start of the leave
• Employed at a worksite where the employer has at least 50 employees within 75 miles

Qualifying reasons for leave

• Birth, adoption, or foster care placement of a child
• Caring for a spouse, child, or parent with a serious health condition
• Employee's own serious health condition that renders them unable to perform essential job functions
• Qualifying exigencies related to a family member's military deployment

Duration of FMLA leave

• Eligible employees are entitled to up to 12 workweeks of unpaid leave in a 12-month period
• For military caregiver leave, employees may take up to 26 workweeks of leave in a single 12-month period
• Employers may choose one of four methods to calculate the 12-month period (calendar year, fixed 12-month period, 12-month period measured forward, or rolling 12-month period)

FMLA leave process

• Employees must follow their employer's usual and customary procedures for requesting leave, unless circumstances prevent them from doing so
• When the need for leave is foreseeable, employees must provide at least 30 days' advance notice
• If the need for leave is unforeseeable, employees must provide notice as soon as practicable

Employer response obligations

• Provide employees with a Notice of Eligibility and Rights & Responsibilities within five business days of an FMLA leave request
• Inform employees whether they are eligible for FMLA leave and, if not eligible, provide at least one reason why
• Notify employees of their specific expectations and obligations, such as providing medical certification

Medical certification for leave

• Employers may require employees to provide medical certification supporting the need for FMLA leave
• Certification must include information such as the date the condition began, probable duration, and a statement that the employee is unable to work
• Employers may request second or third opinions at their own expense if they doubt the validity of the certification

Intermittent vs continuous leave

• FMLA leave may be taken intermittently or on a reduced schedule basis when medically necessary
• Intermittent leave is taken in separate blocks of time for a single qualifying reason
• Employees must make reasonable efforts to schedule planned medical treatment to minimize disruption to the employer's operations

Employee rights during FMLA

• Employees are entitled to job protection during FMLA leave, meaning they must be restored to their original or an equivalent position upon return from leave
• Equivalent position must have virtually identical pay, benefits, working conditions, and privileges
• Employees cannot lose any employment benefits accrued prior to taking FMLA leave

Continuation of health benefits

• Employers must maintain an employee's group health insurance coverage during FMLA leave on the same terms as if the employee had continued to work
• Employees must continue to pay their share of health insurance premiums during leave
• If an employee fails to return to work after FMLA leave, the employer may recover premiums paid on the employee's behalf

Restoration to equivalent position

• Upon return from FMLA leave, employees must be restored to their original job or an equivalent position
• Equivalent position must have the same pay, benefits, and working conditions, including privileges, perquisites, and status
• Employees are entitled to any unconditional pay increases that occurred during FMLA leave, such as cost of living increases

Protection from retaliation or interference

• Employers are prohibited from interfering with, restraining, or denying an employee's exercise of FMLA rights
• Employers cannot discriminate or retaliate against employees for requesting or taking FMLA leave
• Examples of prohibited conduct include refusing to authorize FMLA leave, discouraging an employee from using leave, or manipulating an employee's work hours to avoid FMLA eligibility

Employer responsibilities under FMLA

• Covered employers must display a poster explaining FMLA provisions and providing information on how to file a complaint
• Poster must be displayed prominently in all locations where employees and applicants can see it
• Electronic posting is sufficient for employees who do not report to a physical workplace

Recordkeeping requirements

• Employers must keep records related to FMLA leave for at least three years
• Records must include basic payroll data, FMLA leave dates, copies of employee notices, documents describing employee benefits, and premium payments
• Confidential medical information must be maintained separately from usual personnel files

Handling employee complaints

• Employers must have a clear process for employees to report FMLA violations or concerns
• Complaints should be promptly and thoroughly investigated
• Employers should take appropriate corrective action if violations are found, such as restoring an employee to their position or providing compensation for lost wages

Interaction with other laws

• FMLA does not supersede any state or local law that provides greater family or medical leave rights
• Employers must comply with whichever law provides the greatest benefit to employees
• FMLA leave may run concurrently with leave under other laws, such as workers' compensation or the Americans with Disabilities Act (ADA)

FMLA enforcement and compliance

• The U.S. Department of Labor's Wage and Hour Division is responsible for enforcing FMLA
• DOL may investigate employers based on employee complaints or its own initiative
• Investigators may review employer records, interview employees, and inspect the workplace

Employee private right of action

• Employees have the right to file a private lawsuit against their employer for FMLA violations
• Lawsuits must be filed within two years of the last action which the employee contends was a violation (three years if the violation was willful)
• Employees are not required to file a complaint with the DOL before pursuing a private lawsuit

Damages for FMLA violations

• Employees may recover damages such as lost wages, salary, benefits, or other compensation denied or lost due to the violation
• Liquidated damages equal to the amount of actual damages may be awarded unless the employer proves it acted in good faith
• Equitable relief, such as employment reinstatement or promotion, may also be available

Best practices for FMLA compliance

• Train managers and supervisors on FMLA requirements and how to handle leave requests
• Establish clear policies and procedures for requesting and approving FMLA leave
• Maintain accurate records of FMLA leave and related documents
• Communicate regularly with employees on leave about their status and anticipated return date
• Consult with legal counsel when unsure about FMLA compliance or facing potential violations