Explaining the Family and Medical Leave Act
The Family and Medical Leave Act was established in February 1993 by the United States Government to help families balance their careers and families without undo hardship. Its purpose is to provide employees with 12 weeks of unpaid leave throughout the period of 12 months for the following reasons:
1. When an employee becomes a parent through the birth of a child. This allows either parent to stay home with the newborn and tend to its needs.
2. When an employee adopts a child or becomes a foster parent.
3. When an employee must help care for a family member dealing with a serious illness.
4. When an employee personally becomes seriously ill.
In addition to the above mentioned criteria, former President Bush added a National Defense Authorization Act in January 2008 which covers extended military leave, illness, or time prior to imminent deployment for active duty. This document, known as thefinal ruletook place in January 2009.
Who Must Adhere to FMLA?
Small businesses do not necessarily need to comply with the rules and regulations of FMLA. The requirements of adherence were written with both the employee and the employer in mind, taking into consideration hardships both parties would face from an extended absence of an employee. The following employers are bound by FMLA regulations:
1. All public agencies
2. Public and private schools with more than 50 employees
3. Employers who have 50 or more employers that work within 75 miles of their facility
Rules about Benefits of FMLA
There are several rules that help with the implementation of FMLA.
- 30 days written notification should be given to employers by employees intending to use their leave. Emergency situations are to be taken into consideration; employers are expected to accommodate unforeseen circumstances.
- If an employee is not eligible to receive FMLA benefits, the employer must give him a 2 day written notice, or he will become eligible by default.
- If both spouses work for the same employer, only 1 of them can take advantage of FMLA benefits.
- Employers who fall below 50 employers while someone is currently on leave may not terminate their FMLA plan until that person's leave is concluded.
- Employers may ask an employee utilizing benefits about their status, and if the employee has decided not to return to work, the employer may terminate the relationship.
- Employees may choose to use their benefits on an intermittent schedule, reducing full-time work to part-time work, or taking separate weeks at different times.
- Employers must maintain the same medical and existing group coverage for any employee taking leave.
Employee Qualifications and Eligibility
Employees must meet certain criteria in order to be eligible to receive FMLA benefits.
- Leave cannot be taken unless the employee has been working for his employer for approximately 1 year (about 1250 hours) before applying for the benefits.
- If an employee works for a small business that has less than 50 employees, he is not eligible to apply for FMLA.
- Employees will receive equivalent employee status upon completion of leave for FMLA.
Important Details about FMLA
Employers required to adhere to FMLA must display eligibility rules and company requirements in a prominent place, where all employees have reasonable access to view them at will. If an employee has a substance abuse problem that is affecting his work performance, he is eligible to receive FMLA benefits providing he uses them to get treatment for his addiction. Employees filing grievances for non-compliance to FMLA may do so through the Department of Labor. Some employees prefer to file private lawsuits in state or federal court rather than filing complaints with the Department of Labor. Employers found in violation of FMLA are usually required to reimburse the employee, as well as pay for incurred costs, fees, and sometimes damages.
