FMLA Basics for Managers

Having recently learned of the basics of FMLA, I considered sharing some of the basic points for other managers.

The Family and Medical Leave Act (FMLA) allows an employee to take unpaid leave for certain family and medical reasons. The FMLA applies to all local, state and federal employers as well as private sector employers who employ 50 or more employees.

To be eligible an employee must be employed by a covered employer. The employee must also have worked for this employer for 12 months or more, worked at least 1,250 hours during the 12 months, and worked at a location where 50 or more employees work or within 75 miles of a location where these employees work.

The FMLA provides an eligible employee a maximum of 12 workweeks of unpaid leave in a 12 month period for any of the following reasons:
* Birth and care of a newborn child
* Employee involved with foster care or adoption of child
* Care for serious health condition for immediate family member (not in-law).
* Employee unable to work because of their own serious health condition.

It is noteworthy that spouses employed by the same employer may be limited to a combined total of 12 workweeks for child birth, adoption, or serious health condition of a parent..

Employers may require that an employee use some or all of the accrued paid leave to cover some or all of the FMLA leave taken.

An employer may require the certification of a serious health condition by a health care provider. The FMLA defines the criteria for a serious health conditions as well as the definition of a health care provider. A covered employee must also be allowed to maintain group health insurance coverage for themselves as though the employee continued to work.

The FMLA provides the equitable means of enabling employees to attend to life conditions with the same benefits enjoyed by actively employed individuals. The FMLA also provides the limitations an employer may be required to provide for individuals claiming these privileges.


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