Here's a quick guide to recognize when FMLA (Family Medical Leave Act) regulations will apply to your company as well as to learn more about how they might impact your operations.
The basic concept of FMLA leave is job protection. It provides up to 12 work weeks of unpaid protected leave under certain circumstances.
There are changes that went into effect last year that provide up to 26 work weeks for military related FMLA leave.
Intermittent FMLA leave has to be given in the shortest possible time increment that your company offers.
There really are two types of absences under FMLA:
The first one is called intermittent FMLA leave, defined as leave taken in separate blocks of times due to a single qualifying event. It requires you to take chunks of time off over the course of a longer period of time (for instance if you had a baby and took off one week in one month and another week in a different month).
Reduced leave schedule whereby an employee’s usual number of working hours is reduced.
FMLA regulations only kick in when you have more than 50 employees within a 75 mile radius. This means that your company must have 50 or more employees working every working day during the current or prior calendar year.
Here are the qualifying events for FMLA: (1) taking time off to bond with a newborn, (2) having a child placed with you for adoption or foster care, (3) the serious health condition of an employee or an employee’s spouse, child or parents, (4) when an employee is unable to perform the functions of his/her job.
If the circumstances of somebody’s intermittent leave counts as FMLA and counts as leave under the applicable state law, you want to make sure you designate it as both and run those benefits concurrently.