Skip to main content

Federal Family and Medical Leave Act Guidelines

computer, mask, stethoscope with FMLA notebook

The FMLA allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. In addition to providing eligible employees with an entitlement to leave, the FMLA requires employers to maintain employees’ health benefits during leave.

Eligible employees must work at an employer subject to the FMLA. This includes:

  • private-sector employers with 50 or more employees in at least 20 weeks of the current or preceding year;
  • public agencies, including state, local and federal employers; and
  • local education agencies, including elementary and secondary schools (public and private).

To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months (does not need to be consecutive), have at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave and work within 75 miles of a location where the employer has 50 or more employees.

For a full breakdown of all the FMLA provisions and requirements, check out our FMLA Guidelines chart.

For more information about employee benefits, our services and products, contact HANYS Benefit Services online or call 800.388.1963.

This chart is provided to you for general informational purposes only. It broadly summarizes federal statutes and regulations under the FMLA, but does not include references to other legal resources, unless specifically noted. Please seek qualified and appropriate counsel for further information and/or advice regarding the application of the topics discussed herein to your employee benefits plans. © 2011-2013, 2015, 2017, 2019 Zywave, Inc. All rights reserved.

Popular posts from this blog

What is HR vendor management? Overview with scenarios

Vendor management can be a litigious environment where efficiency, transparency and risk mitigation are paramount. With the right advisor in your organization’s corner, you’ll feel more confident navigating vendors and managing their services, ensuring streamlined processes and strategic alignment.   In this blog post, we'll cover the basics: What vendor management in HR entails, why it's important, how it can transform businesses and some scenarios in a few business types. Level up your knowledge and find the right partners to thrive.  Understanding vendor management in HR  Vendor management in HR involves the systematic management of third-party suppliers who provide goods and services essential to HR operations. This includes managing contracts, ensuring compliance with service level agreements and optimizing vendor performance to align with a company's long-term business goals.  A robust vendor management strategy can provide organizations with a structured ...
Read more

Employee Benefits Offerings: What Perks Can You Add?

Employee benefits can play a crucial role in attracting and retaining top talent. Beyond compensation and bonuses, offering a variety of perks can significantly enhance employee satisfaction and productivity. But what should you include in your employee benefits offerings?   What are employee benefits?   Employee benefits encompass compensation, bonuses and various perks outside an employee's wage. By offering flexible employee benefits, you can improve employee productivity and loyalty while attracting and retaining talented candidates.   Personalized benefits examples   The type of benefits offered can vary by industry. We've compiled some of the most popular options to help you explore possible employee benefits strategies .  1. Social opportunities   Employee perks don't always have to be tied to a benefits package. Sometimes, the best way to engage your employees can be through social opportunities. Group activities can help im...
Read more

Section 125 – Cafeteria Plans Overview

A Section 125 plan, or cafeteria plan , allows employees to pay for certain benefits on a pre-tax basis. Employers use these plans to provide their employees with a choice between cash and certain qualified benefits without adverse tax consequences. Paying for benefits on a pre-tax basis reduces the employee’s taxable income and, therefore, reduces both the employee’s and the employer’s tax liability. To receive these tax advantages, a cafeteria plan must comply with the rules of Section 125 of the Internal Revenue Code and related IRS regulations. Under these rules, a Section 125 plan must have a written plan document and can only offer certain qualified benefits on a tax-favored basis. Once an employee makes a Section 125 plan election, they may not change that election until the next plan year, unless the employee experiences a permitted election change event. Also, for highly compensated employees to receive the tax advantages associated with a Section 125 plan, the plan must pass ...
Read more