Important information regarding FMLA The material provided herein is for informational purposes only and is not intended as legal advice or counsel.
What is Family Medical Leave Act (FMLA)? The Family and Medical Leave Act of 1993 To grant family and temporary medical leave up to 12 weeks under certain circumstances without loss of employment benefits. To entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition
In general, to be eligible an employee must have worked for an employer for at least 12 months
have worked at least 1,250 hours in the 12 months preceding the leave
and work at a site with at least 50 employees within 75 miles.
Steps to be Taken As an employer, you receive some notification an employee has need for a leave. You must first determine if the employee is eligible based on their length of employment and number of hours worked in the previous 12 months. You must notify the employee within 5 business days of their eligibility.
Steps to be Taken If eligible, you must notify of his or her rights and responsibilities under FMLA including any paperwork to be completed by the employee. - WH-381 Notice of Eligibility and Rights & Responsibilities can be completed to notify them of their eligibility - WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition or WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition can be given to employee to determine if the condition is a qualifying event under FMLA.
Steps to be Taken After receiving certification from the health care provider, you must notify employee within 5 business if it is a qualifying event under FMLA. - WH-382 Designation Notice is a form that can be used to notify the employee that the FMLA request has been approved or not. This form also notifies the employee of their responsibility to provide a return to work note.
Steps to be Taken FMLA time will need to be tracked for each person going out on leave. This will allow you to know: -When the employee will need to be back to work based on the indication from the health care provider -if additional certification is needed to extent time -when the family medical leave has expired -if the employee has already utilized the FMLA for the year
Steps to be Taken Make sure the employee has provided a return to work note prior to their actual date that they return to duty. Other things to be done
Post the Family and Medical Leave Act (FMLA) Poster in a designated area for employee review.
Determine the company policy is on what qualifies a year: calendar, fiscal or rolling calendar.
Develop a tracking system for employees on FMLA
Develop a form to ensure all steps are being followed for each employee out on FMLA
References For additional information or forms go to the US Department of Labor website at http://www.dol.gov/esa/whd/fmla/ or contact legal counsel. Forms obtain from the US Department of Labor website include: WH-381 Notice of Eligibility and Rights & Responsibilities WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition WH-382 Designation Notice