Overview: The Family and Medical Leave Act (FMLA) was passed to help employees achieve a balance between work and family responsibilities, by giving eligible employees a reasonable unpaid leave for certain family and medical reasons, and to promote equal employment opportunity for men and women.
FMLA leave can be an administrative challenge for employers because employees may take leave in a single block of consecutive days or on an intermittent or reduced-schedule basis. In addition, the FMLA has strict rules in many areas, such as:
When an employee requests, takes or returns from FMLA leave, the employer must also be sure to comply with numerous other overlapping laws, such as the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA) and workers' compensation.
In addition, several states have laws that provide family and medical leave rights to employees working for employers with fewer employees than what is required by the FMLA, offer a longer period of leave beyond the FMLA's 12 weeks, provide leave for conditions and circumstances not covered by the FMLA or even offer certain levels of wage replacement in some circumstances.
When considering any issues relating to the FMLA, employers must check to see if their state law also applies.
Trends: The Equal Employment Opportunity Commission (EEOC) is targeting employers that have policies that require termination of employees who previously qualified for leave under the FMLA but whose medical conditions prevent them from returning to work when they exhaust their 12-week leave entitlement.
The EEOC contends that employers must engage in the ADA's interactive process with employees in such situations in order to determine whether or not the employee has a disability and may be entitled to a reasonable accommodation (including extended leave) that would enable the employee to perform his or her essential job functions.
Therefore, an employer should not include language in its FMLA policy that indicates that employees who fail to return from FMLA leave will be subject to automatic termination.
Many states' equivalent leave laws expand who is considered a covered family member for family medical leave purposes. For example, several states include domestic partners, grandparents, siblings and aunts and uncles.
Author: Melissa S. Burdorf, JD, Legal Editor
Updated to incorporate amendments to the City of San Diego Earned Sick Leave and Minimum Wage Ordinance, effective September 2, 2016.
Updated to reflect the forthcoming Employee Sick Leave Act.
Updated policy and guidance to highlight that the notice should generally be attached to the handbook or other benefits resource; updated guidance to reflect EEOC guidance on employer-provided leaves of absence as a reasonable accommodation under the ADA.
Updated guidance to reflect EEOC guidance on employer-provided leaves of absence as a reasonable accommodation under the ADA.
Updated to incorporate pregnancy accommodation requirements, effective August 10, 2016.
Updated to reflect the forthcoming Minneapolis Sick and Safe Time Ordinance.
Updated policy and guidance to reflect an amendment to the Connecticut Family and Medical Leave Act allowing leave for a qualified military exigency, effective June 7, 2016.
Updated to reflect the addition of military exigencies as a qualifying reason for taking leave under the Connecticut Family and Medical Leave Act, effective June 7, 2016.
Updated to reflect the DOL's new FLSA regulations, effective December 1, 2016.
HR and legal consideration for complying with and administering FMLA leave. Guidance and support on following all of the FMLA rules and regulations.