FMLA: Leaves Covered under the Act
What is FMLA? Family and Medical Leave Act of 1993 (FMLA) : • Administered and enforced by U.S. Dept. of Labor’s Employment Standards Administration, Wage and Hour Division • Entitles eligible employees to take up to 12 weeks unpaid leave • Allows employees to balance work and family life • Minimizes employee discrimination while promoting equal employment opportunities for men and women
Whom Does FMLA Apply To? FMLA applies to: • State and local government employees • Employees in local education agencies (schools) • Private-sector employers with 50 or more employees
Leaves under FMLA Mainly three types of leaves under FMLA: • Continuous FMLA leave: An employee is absent for more than three consecutive business days and has been treated by a doctor. • Intermittent FMLA leave: An employee is taking time off in separate blocks due to a serious health condition that qualifies for FMLA. – If an employee is out for three days, then back in for a week, and then out again for a week (due to FMLA related reasons), this is intermittent FMLA.
• Reduced schedule FMLA leave: An employee needs to reduce the amount of hours they work per day or per week e.g. 2 hours off each day for physical therapy.
Intermittent and Reduced Schedule Leave Intermittent and reduced schedule leave should be allowed for: • Placement of employee with child of adoption or foster child • Treatment and/or recovery of employees’ or family member serious health condition • Care of qualifying family member serious health condition • Periodic medical appointments • Periodic occurrence of serious health condition, e.g. severe morning sickness
FMLA-Spouses at Same Company If a husband and wife are employed by the same employer, FMLA leave is limited to a combined total of 12 weeks in a 12-month period when leave is taken for the following reasons: – Birth, adoption or foster care placement of a child. – Care for the employee’s parent with a serious health condition.
If leave is taken for other reasons, such as the employee’s own serious health condition or to care for a child with a serious health condition, the husband and wife can each use up to 12 weeks of leave individually.
Want to learn more about FMLA, its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: • Understanding FMLA • FMLA Abuse: How to Identify, Investigate, Deny, and Terminate
• How to Manage Employee Leaves, Health Issues and Job Accommod • Roadmap of California Leaves
• FMLA/ADA Crossover: Coordination, Management, and Compliance Strategies • Risk Management for Human Resources