Understanding FMLA Leave: A Guide for Employers

What is FMLA Leave?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave in a single year. This leave can be taken for various reasons, including the birth or adoption of a child, serious health conditions, or caring for a family member with a serious health condition.

Under FMLA, employers are required to provide eligible employees with job-protected leave, which means that their job is protected and they cannot be terminated while on leave. Additionally, employers must continue to pay the employee's health insurance premiums during this time.

Eligibility and Qualifying Reasons

To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months and have completed at least 1,250 hours of service in the past 12 months. Additionally, the employee's reason for taking leave must be one of the qualifying reasons outlined in the law.

Some examples of qualifying reasons include: the birth or adoption of a child, caring for a family member with a serious health condition, or recovering from a serious health condition themselves.

How to Request and Manage FMLA Leave

To request FMLA leave, employees must provide their employer with 30 days' notice, unless the need for leave is unforeseen or unexpected. In this case, the employee may be required to provide documentation from a healthcare provider to support their request.

During the leave period, employers are not allowed to terminate an employee's employment or change their job responsibilities without permission from the Department of Labor.