FMLA: The Federal Family and Medical Leave Act

FMLA provides job protected leave that is non-paid.

Any employee absence, with the exception of scheduled vacation, that exceeds or is anticipated to exceed five (5) days must be reported to the Occupational Health Nurse regardless of the reason for leave.

FMLA Leave Entitlement

Effective August 5, 1993, the FMLA was enacted to allow employees to balance the demands of the workplace with the needs of family. The Act provides for up to twelve (12) weeks of unpaid, job-protected leave per twelve (12) month period to eligible employees the following reasons:

• The birth of a child or placement of a child for adoption or foster care;
• To bond with a child (leave must be taken within one year of the child’s birth or placement);
• To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
• For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
• For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.

An eligible employee who is a covered service member’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the service member with a serious injury or illness.

Note: Dependent upon the triggering event, FMLA leave may be paid or unpaid.

Qualifying for FMLA Protection

Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that:

• The employee is or will be unable to perform his or her job functions.
• A family member cannot perform daily activities.
• Hospitalization or continuing medical treatment is necessary.

Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.

Employer Responsibilities

This act is administered by the U.S. Department of Labor Wage and Hour Division. Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if they are eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.