Here is an overview of FMLA basics for employers. Which employers are subject to regulations? Which employees qualify for the benefits? What benefits are those qualifying employees entitled to? See our infographic below for a quick and easy overview of the Family Medical Leave Act.
If you would like a more detailed explanation than these FMLA basics, see our in-depth post: What is FMLA and How Could it Affect My Business?
FMLA Basics for Employers Infographic Transcript:
Which employers are subject to FMLA regulations?
Private companies with at least 50 employees. These companies must have employed 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.
There must be at least 50 employees within a 75-mile radius for the location to be covered.
Public (government) agencies and schools are subject to the FMLA regardless of the number of employees.
Which employees qualify to take FMLA leave?
The Employee must have worked at least 1,250 hours for the employer during the past 12 months. This doesn’t count vacation or PTO time.
The Employee must have been employed for at least 1 year. Any time of employment in the past 7 years, consecutive or not consecutive, counts towards this 1 year.
The employee must work at a location that has 50 or more employees within a 75-mile radius.
The employee must have one of these qualifying conditions:
- The employee has their own serious health condition.
- The employee needs to care for an immediate family member with a serious health condition (spouse, child, parent).
- Placement or birth of a child (the right to leave in this instance extends for up to one year after birth or placement of the child).
- Any qualifying emergency related to an immediate family member being in the military on “covered active duty.”
What are covered employees entitled to?
If the employer is subject to FMLA leave and the employee qualifies for it, then the employee is eligible to receive the following:
12 workweeks of unpaid leave in a 12-month period, which can be taken in one or more blocks of time. For some conditions, when medically necessary, the leave could also be taken intermittently or on a reduced schedule.
- Job Reinstatement upon return in same or equivalent role.
- Continuation of group benefits during the leave period.
- Up to 26 total weeks of leave (instead of 12) if they are caring for a covered servicemember.
Employers are also obligated to:
- Post an FMLA notice explaining employee rights under the FMLA program.
- Give all new employees information about the FMLA, either in the employee handbook or separately when they are hired.
- Inform employees when he or she may have an FMLA-qualifying leave, as soon as teh employer knows the request may qualify.
- Explain the employee’s rights and responsibilities under the FMLA.
- For all FMLA leaves, record the leave as FMLA designated, and keep track of the total leave allotment and how much of the employee’s leave bank is available.
- Give employees an official eligibility notice for FMLA leaves.
Just the Basics
This basic run down is only the tip of the iceberg. It is meant only as a starting point for employers to get their head around the core components of the FMLA. To ensure full compliance we encourage a more in-depth understanding of when employees are qualified and if you are an employer who is subject to these regulations.
Our experienced team of HR professionals are ready to help you navigate FMLA and any other compliance obstacles your business might face.
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