

However, some obligations come up infrequently, so it’s not uncommon to be a bit fuzzy on the details. One such topic is the Family and Medical Leave Act (FMLA leave). It’s possible to run a business for months or even years without encountering a leave request that would qualify under FMLA.
Luckily, the basics of FMLA are pretty straightforward. It mostly boils down to an awareness of the FMLA leave process—particularly required notifications.
The Family and Medical Leave Act allows qualified employees to take leave for certain family and medical reasons. The act gives these employees unpaid job protection for up to 12 weeks in a 12-month period.
Qualified employees can take FMLA in the following situations:
If caring for an injured or ill military service family member, leave can be taken for up to 26 weeks in a 12-month period.
Public agencies, elementary and secondary schools, and private employers with at least 50 or more employees are considered “covered employers.” Covered employers are required to take specific steps to meet FMLA obligations—even before any leave requests are made.
Poster: Covered employers are required to display a Department of Labor FMLA poster at each business location in an area where it will be easily seen by employees.
General Notice: Employers must distribute a general notice to FMLA-eligible employees. The notice must, at minimum, contain all the information from the poster, so it’s often easiest to simply copy the poster information and add it to your employee handbook.
If an employee requests leave for any FMLA-qualifying reason, you’ll have to follow the steps below. Note that employees don’t have to specifically request FMLA leave.
Within 5 days of the initial leave request, you’re required to provide the employee with two notices:
Most employers use the DoL’s combined Notice of Eligibility and Rights and Responsibilities form.
In the Rights and Responsibilities Notice, you have the option to request certification of need. Essentially, this is proof that the reason for leave qualifies for FMLA, such as documentation from a health care provider. Employees must provide requested certifications within 15 days unless there are extenuating circumstances.
Employers can request the following types of certification:
With medical certifications, it’s important to note that a diagnosis isn’t required. Instead, a health provider should note information relevant to the employee’s ability to work, including the expected duration of the condition. Exigency leave certification is more variable but can include a request for a copy of the military member’s active duty orders.
If the certification provided is incomplete or insufficient, you must request a correction. Employees typically have 7 days to correct issues or employers can deny the FMLA leave request. Also, if a medical certification seems dubious, you can (at your own expense) request a second opinion from another health care provider. If their opinion differs, a final opinion from a third health care provider is required.
If you’re uncertain about whether the reason for leave qualifies under FMLA, a good resource is the FMLA Employer Guide, which goes over common questions, such as whether new fathers qualify for FMLA (they do) or if FMLA can be used to care for adult children (it can in cases of disability or serious health conditions).
Once you’ve made your final determination, you’re required to give the employee yet one more notice:
Designation Notice: This notice formally approves or rejects the FMLA leave request and includes key information, such as the amount of leave being used. You can write your own notice or use the Designation Notice form provided by the DoL.
There are specific FMLA guidelines regarding health benefits. Essentially, if employees (and any family members) have health coverage under your company’s group health plan, they must continue to receive coverage during their leave. Employees on FMLA are still required to pay any premiums.
When the employee returns from FMLA leave, they must return to the same position or an equivalent one (same pay, shift, etc.). This isn’t to say that employees on FMLA are never laid off. An employer can lay off an employee during their FMLA leave, but the employer must be able to show that this would have happened even if the employee had not been on leave.
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