Every week we help clients navigate through the treacherous waters of the Family Medical Leave Act (FMLA). That may sound dramatic to some of you, but those of us who have been through it would say it’s a fitting description and would probably add some more “colorful” adjectives.
Many of you have employees who have been eligible for this type of leave and you didn’t even know about it. You didn’t deliver all of the required forms, didn’t track the time they missed and didn’t require a Certification completed by their doctor. You didn’t do any of these things and no one got hurt. And, maybe next time you’ll have the same outcome. But, what if you don’t?
I’m here to give you a little run-down so you are armed with enough knowledge to at least make an educated decision about whether you want to comply with the FMLA or keep trying to fly under the radar.
Little caveat – if you don’t have 50 employees within a 75 mile radius and never plan to, none of this applies to you. Count your blessings and peacefully move on.
Let’s start with the impact that violations can have on your business:
credit: Guardian
The biggest mistake employers make with this law is simply not being educated on what it covers! Amplified HR clients are well informed and call us the second an employee misses 3 days of work – we help them navigate through the steps to determine what, if anything, they need to do to comply with FMLA regulations.
Here’s what you need to know:
What IS the FMLA?
The Family Medical Leave Act (“FMLA”) provides 12 weeks of unpaid leave (more for military personnel), along with job and benefit protection, to eligible employees of employers covered by this law.
Who is Eligible?
Employees who have worked for you a total of 12 months (does not have to be consecutive) AND 1250 hours in the 12 months leading up to the FMLA qualifying event.
What Type of Leave Qualifies?
- The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;
- To care for a spouse, son, daughter, or parent who has a serious health condition;
- For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
- For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
So, How the Heck Do I Manage This Stuff?
- Determine if the employee is eligible. Send Notice of Eligibility and Rights & Responsibilities within five days of learning of the need for leave.
- Present the employee with a Certification of Healthcare Provider for Employee’s Serious Health Condition or a Certification of Healthcare Provider for Family Member’s Serious Health Condition. (or, if these don’t apply, check these forms out.)
- Follow up if you don’t receive the completed Certification back within 15 days of you providing it to the employee.
- Send the Designation Notice within five days of determining whether the leave qualifies or not.
Check out this guide for a visual of these steps. This is just the beginning – some leaves end here and the person returns without issue. Others get complicated and require a lot more attention.
What Are Some Pitfalls to Watch for?
1) the employee does not have to say “I need Family Medical Leave” to establish rights under this law – employers have an obligation to be alert to communications that would give them a “reasonable knowledge” that FMLA applies. Examples: “I was just diagnosed with a chronic illness and need time off to get it under control” or “My mom just got out of the hospital and I need to take care of her for awhile”
2) don’t get lenient or casual with managing these leaves – before you know it they can spin out of control and take tons of time to get a handle on them.
3) just because the 12 weeks is up, does NOT mean the employee’s protection ends – you may need to consider ADA (Americans with Disabilities Act) or other state leave laws in order to extend a leave of absence and/or otherwise provide additional, reasonable accommodations.
4) you are required to display the mandated FMLA poster in conspicuous place in the restaurant (this is included in the federal all-in-one posters we recommend). You should also include this in your handbook.
5) you must reinstate an employee who has taken leave to their previous (or similar) position and pay. If you aren’t going to be able to do that (or don’t want to), please seek legal advice!
Want to brush up on more FMLA details? Check out the multitude of Fact Sheets over on the DOL website: Fact Sheets.
Did you read all the way down and get more and more anxious about what’s involved with this particular employment law? We can help!
Don’t Worry, We’ve Got This.
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