PrintThis year our company will grow to more than 50 employees. I was told that when we reach this size, we're required to comply with the FMLA. What is that going to mean and what do we have to tell employees?
If you're an employer that has at least 50 employees working 20 or more weeks a year on a daily basis, the Family and Medical Leave Act of 1993 (FMLA) applies to you. Eligible employees can take 12 weeks of unpaid leave in a 12-month period. Simply because someone works for you, however, doesn't make that person eligible for FMLA leave.
In order to qualify as eligible, an employee must have worked for you at least 12 months, which don't have to be consecutive, and at least 1,250 hours during those 12 months. Another limitation is that the FMLA permits a leave only for one of the following reasons:
- Birth of a child to the employee and in order to care for that son or daughter.
- Placement of a child with the employee for adoption or foster care.
- Need to care for a spouse, child or parent, if that spouse, child or parent has a serious health condition.
- Serious health condition that makes the employee unable to perform his or her job.
Employers are required to maintain group health benefits at the same level as if the employee had continued to work during FMLA leave. However, the employer may require the employee to take accrued paid leave (vacation, sick, personal) for periods of unpaid FMLA leave. FMLA leave may also be taken in blocks of time less than the full 12 weeks.
The employee does not accrue benefits during FMLA leave, but must be provided with the same benefits at the same levels upon return. And when the employee returns, he or she is entitled to the same or an equivalent job (a job with equivalent pay, benefits, responsibilities).
Employers are required to post a notice outlining the basic provisions of the FMLA. Failure to do this may result in a civil financial penalty. There are also restrictions on the employer's ability to take any adverse action (termination) against the employee during FMLA leave.
Finally, FMLA does not preempt state or local laws that provide more generous benefits to the employee. You can find more detailed information at the U.S. Department of Labor.
The information here does not constitute legal advice and should not be relied upon as legal advice. If you have a legal problem, consult an attorney in your area concerning your particular situation and facts. Nothing presented on this site establishes or should be construed as establishing an attorney-client relationship between you and Gregory A. Bonfiglio or the law firm of Morrison and Foerster LLP.
