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 reflect an amendment to law regarding expungement of criminal records in Delaware.
Updated to reflect legal developments regarding the forthcoming San Antonio paid sick leave law.
Updated to reflect rules implementing the forthcoming Duluth paid sick leave law.
Updated to reflect forthcoming amendments to California Family Rights Act regarding flight crew employees.
Updated to reflect amendments regarding paid family leave benefits claims, effective October 4, 2019.
Updated to incorporate the state paid family and medical leave law, with notice and posting requirements, effective September 30, 2019, and new hire notice and contribution collection requirements, effective October 1, 2019.
In a new opinion letter, the US Department of Labor responded to an employer whose employees are subject to collective bargaining agreements that provide job protection when they use employer-provided paid leave for certain medical and family reasons.
Updated to include a DOL Opinion Letter regarding FMLA leave designation.
HR and legal consideration for complying with and administering FMLA leave. Guidance and support on following all of the FMLA rules and regulations.