Understanding FMLA Eligibility: What Employers and Employees Need to Know
The FMLA is a federal law that provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. This law was enacted so employees could deal with serious and potentially unexpected life circumstances without losing their jobs.
The FMLA applies only to “covered” employers. A covered employer may be:
- A private sector employer;
- A public agency, including state and federal employers; or
- A public or private elementary and secondary school.
Covered employers must provide FMLA protections and benefits to eligible employees and comply with other responsibilities required by the law. A private sector employer is considered a covered employer by the FMLA if they employ 50 or more employees in 20 or more workweeks in the current or previous calendar year.
Eligible employees are entitled to take 12 workweeks of leave in a 12-month period for the following reasons:
- For the birth of a child or placement of a child with the employee for adoption or foster care and to bond with the newborn or newly placed child within one year of birth or placement;
- For a serious health condition that results in the employee being unable to perform their essential job functions, including incapacity due to pregnancy, and prenatal medical care;
- To care for the employee’s immediate family member who has a serious health condition, including incapacity due to pregnancy, and for their prenatal medical care; or
- For any qualifying exigency arising from the fact that the employee’s immediate family member is a military member on covered active duty or called to covered active duty status.
It further provides up to 26 weeks of unpaid leave for qualifying employees to care for injured family members who are veterans or seriously injured service members and to tend to issues related to the military duty of family members, such as childcare and financial planning.
In addition to providing eligible employees with leave for qualifying reasons, covered employers must maintain employees’ health benefits during leave and restore employees to their same or equivalent jobs after leave. The FMLA establishes employer and employee notice requirements and allows employers to require that employees certify their need for FMLA leave in certain circumstances.
Employers that do not comply with the FMLA can find themselves in difficult and costly legal situations. The DOL’s Wage and Hour Division is authorized to investigate FMLA complaints. If employer violations cannot be satisfactorily resolved, the DOL may bring court action against the employer to compel compliance. An employee may also be able to initiate a private civil action against their employer for FMLA violations, which can be particularly costly, as they may involve paying back employees’ lost wages and reinstating benefits.
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Reach out to us today to receive:
- Processing an FMLA Leave Request Checklist
- Help in managing FMLA on your behalf
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