The Legal Series: Employment Law II

The Legal Series: Employment Law II

Objectives Upon the completion of training, you will be able to: Understand the Family and Medical Leave Act Know what coverage FMLA offers to employers and employees Identify qualifications for family, medical and military leave Understand the responsibilities of both employers and employees

Family and Medical Leave Act (FMLA) This federal law was passed in 1993, and allows covered employees to take up to 12 weeks of unpaid, job-protected leave once a year for family and medical issues. FMLA is enforced by the U.S. Department of Labor (DOL)

FMLA Coverage FMLA applies to these employers: All public agencies, including State, local, & Federal employers Local education agencies (schools) Private sectors that employ 50 employees for at least 20 workweeks within the calendar year FMLA applies to employees that: Work for a covered organization Have worked for at least 12 months (does not need to be consecutive) Have worked for a total of 1,250 hours during the 12 months (25 hours per week) Work at a location where at least 50 employees are employed at the location or within 75 miles of the location

Family Leave Qualifications Eligible employees may use family leave under the FMLA leave for these events: 1.) Birth of a child, and to care for a newborn 2.) When a child is placed with the employee for adoptive or foster care

Medical Leave Qualifications Eligible employees may use medical leave under the FMLA for the serious health conditions of these individuals: 1.) A son or daughter 2.) Spouse (husband, wife, common-law spouse) 3.) Parent (includes anyone who has acted as a parent, but not parent in-laws.) 4.) The employee themselves if the health condition interferes with their ability to perform their work A “serious health condition” is an illness, injury, impairment, or medical or physical condition that involves: inpatient care in a hospital, hospice, or residential medical care facility, or continued treatment by a health care provider.

Leave for Military Personnel 1.) An eligible employee may be able to take 12 weeks of leave for any “qualifying exigency” if their spouse, parent, son, or daughter is on active duty or has been called to active duty 2.) Qualified family members of injured military personnel are entitled to 26 weeks of leave (rather than 12) “Family member” includes: spouse, son, daughter, parent, or next of kin For additional information, visit: www.dol.gov

Job Restoration & Benefits Except for “key employees” (highly compensated), when an employee returns from FMLA leave and is still capable of performing their job, they must be restored to either their: Former position or An equivalent position in terms of pay, benefits, & working conditions Benefits must be restored when an employee returns from leave. However, sometimes either the employer or the employee chooses to use accrued paid leave to cover the FMLA leave taken In most cases, during the leave, health insurance is continued, benefits accrue, and bonuses are provided if instated

Responsibilities Employees should provide: A 30-day notice before taking leave when possible Information about the leave Certifications for medical and military leaves if asked for this information by the employer It is the employer’s responsibility to: Decide whether or not to designate FMLA leave to their employees based on whether the leave is or is not qualified (must be done within five days of the request) Give employees notice of their FMLA rights Maintain records on leave

Conclusions Familiarizing yourself with employment laws and how they are relevant to your organization can prepare you for unexpected situations. Understanding how the Family Medical Leave Act applies to employers and employees is critical in all organizations.