What are the most important components of a FMLA leave policy?

1 Eligibility criteria

The first component of a FMLA leave policy is to define who is eligible for the leave. According to the law, an employee must have worked for the employer for at least 12 months, and at least 1,250 hours in the 12 months prior to the leave. The employer must also have 50 or more employees within 75 miles of the employee's worksite. However, you can choose to extend the eligibility criteria to more employees, such as part-time or temporary workers, as long as you apply them consistently and fairly.

2 Leave reasons

The second component of a FMLA leave policy is to specify the reasons for which an employee can take the leave. The law allows employees to take leave for a variety of reasons such as the birth of a child, placement of a child for adoption or foster care, to care for a sick family member, or due to their own serious health condition. Additionally, you can include additional reasons for leave, such as domestic violence, bereavement, or personal emergencies, as long as you abide by the law and other applicable regulations.

3 Leave duration and frequency

The third component of a FMLA leave policy is to determine how long and how often an employee can take the leave. The law allows employees to take up to 12 weeks of leave per year for most reasons, except for military caregiver leave, which allows up to 26 weeks of leave per year to care for a covered service member with a serious injury or illness. The leave year can be calculated in different ways, such as a calendar year, a rolling 12-month period, or a fixed 12-month period. You can also decide whether to allow employees to take leave in blocks, intermittently, or on a reduced schedule, depending on the nature and necessity of the leave.

4 Leave notification and certification

The fourth component of a FMLA leave policy is to establish the procedures for requesting and approving the leave. The law requires employees to provide at least 30 days of advance notice for foreseeable leave, or as soon as practicable for unforeseeable leave. You can also require employees to submit a written request and provide supporting documentation, such as a medical certification, a military orders, or a legal document, to verify the need for the leave. You can also designate a point of contact for employees to communicate with during the leave process and to report any changes or updates.

6 Leave administration and compliance

The sixth component of a FMLA leave policy is to ensure the proper administration and compliance of the leave. The law requires employers to post a notice explaining the FMLA rights and responsibilities in a conspicuous place where employees can see it. You can also provide employees with a handbook, a brochure, or a website that contains the FMLA leave policy and procedures. You must also keep records of the leave requests, approvals, denials, certifications, and other relevant documents for at least three years. You must also report the FMLA leave data to the Department of Labor and other agencies as required. You can also conduct audits, evaluations, or trainings to ensure the effectiveness and compliance of the FMLA leave policy.

A FMLA leave policy is a vital tool for HR professionals to manage the leave needs of their employees and to comply with the federal law. By following these six components, you can create and implement a FMLA leave policy that is clear, consistent, and supportive of your employees and your organization.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?