FMLA today

FMLA today?

FMLA requires qualifying employers to provide a balance between the demands of the workplace and the needs of families by providing job-protected unpaid leave to eligible employees. The FMLA was amended in 2008 and 2009 to expand on job protection to certain military-related situations.?

What is FMLA?

FMLA allows up to 12 weeks of unpaid leave in a 12-month period for qualifying life events.? Employers must protect the employee’s job and provide access to group health benefits while on leave.? Qualifying life events can be found on Family and Medical Leave Act | U.S. Department of Labor.

Who qualifies?

To qualify, employees must have worked for the company for at least 12 months and worked at least 1,250 hours over the past year. They’re entitled to 12 weeks of unpaid leave for specific reasons, such as serious health conditions, family emergencies, or bonding with a new child.? There are various military related situations that are also covered under FMLA.

When do I use it?

Even if your employer is covered by FMLA rules, you are not automatically eligible for FMLA leave. The following criteria must be met to qualify for FMLA leave:?

·??????? You've worked for your employer for at least 12 months.

·??????? You've worked at least 1250 hours for your employer in the last 12 months.

·??????? Your employer has 50 employees within 75 miles of your worksite.

·??????? Many states also have different eligibility rules for family leave programs.?

?Pulse Pro Tip:? FMLA does NOT apply outside the U.S.? If you are a global employer, it is critical to design your extended leave policies based on local laws and manage communication with your global workforce regarding benefits eligibility.

?Is FMLA paid?

FMLA is not paid; however, many companies have policies in place that allow employees to use vacation or accrued sick time to supplement while on FMLA leave.? There are also unique benefits offered by many states in the U.S.? It’s critical to educate leaders and employees during the planning process, so the employee understands how their pay will be impacted.

Employers are required to provide access to medical benefits during FMLA leave.? If the leave is unpaid, and any company related benefits regarding pay have been exhausted, the employee must cover the medical or wellness premium and arrange with the employer.

?But our company is different.? How do we keep getting rogue?

Simple- consistent ground rules.? Develop practices that align with the most current FMLA laws and regulations.? Collaborate with industry peers, stay up on local and state laws.? Most importantly, educate your managers through an HR partnership.? FMLA decisions cannot be made in a silo.? ????

Can I offer FMLA to an employee even if he/she doesn’t meet the criteria??

You can, however, tread lightly.? A decision to offer non-FMLA leave must be made carefully, and consistently across the organization.? Human Resources and top management should weigh in before setting precedent.? ??

Can employees “turn down” FMLA?? No

Believe it or not, employees ask this question.? Driven by fear, employees are worried they may be replaced if they are on leave.? Or they have heard something negative from their supervisor regarding taking extended leave.?

How do I get my managers to understand that their employees can’t work while on FMLA?

This is a very difficult thing to manage.? Organizations and managers must respect and protect FMLA leave for their employees.? There are no exceptions here.? All rogue managers, please- work through the coverage strategy early with your HR partner.

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