Important Facts About FMLA

It’s important to know how to properly administer FMLA and keep track of FMLA-eligible employees in order to protect from lawsuits. HR Advisors, Inc. can help you by suppling paperwork and calculating the amount of leave your employees would be eligible for.

The Family and Medical Leave Act (FMLA) provides job-protected leave from work for family and medical reasons. FMLA leave may be unpaid or used at the same time as employer-provided paid leave. Employees must be restored to the same or virtually identical position when they return to work after FMLA leave.

Eligible employees: Employees are eligible if they work for a covered employer for at least 12 months, have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and work at a location where the employer has at least 50 employees within 75 miles.

Covered employers: Covered employers under the FMLA include:

• Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or previous calendar year

• Public agencies (including Federal, State, and local government employers, regardless of the number of employees)

• Local educational agencies (including public school boards, public elementary and secondary schools, and private elementary and secondary schools, regardless of the number of employees).

The FMLA protects leave for:

• The birth of a child or placement of a child with the employee for adoption or foster care

• The care for a child, spouse, or parent who has a serious health condition

• A serious health condition that makes the employee unable to work

• Reasons related to a family member’s service in the military, including:

  • Qualifying exigency leave - Leave for certain reasons related to a family member’s foreign deployment

  • Military caregiver leave – leave when a family member is a current servicemember or recent veteran with a serious injury or illness.