Skip to main content

The Family and Medical Leave Act – Overview and Common Questions

Male caretaker holding child's hand in a hospital bed

The Family and Medical Leave Act is a federal law enforced by the U.S. Department of Labor that allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons and requires employers to maintain employees’ health benefits during leave. Under this law, eligible employees may take leave for their own or family members’ serious health conditions, to bond with newborns or newly adopted children or for certain military family reasons.

For full details on FMLA, check out our HR Compliance Overview.

Below are answers to some common questions about FMLA.

What employers are covered under FMLA?

  • 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).

What employees are eligible employees for FMLA?

  • work for a covered employer;
  • 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.

What are the qualifying reasons for 12 workweeks of FMLA leave?

  • birth and care of an employee’s child;
  • placement of a child with the employee for adoption or foster care;
  • care for an employee’s spouse, child or parent who has a serious health condition;
  • an employee’s own serious health condition that makes the employee unable to perform any one of the essential functions of the employee’s position; or
  • any qualifying exigency arising out of the fact that a family member (spouse, child or parent of the employee) is a covered military member on covered active duty or has been notified of an impending call or order to covered active duty in the Armed Forces.

In addition, eligible employees may take 26 workweeks of leave in a single 12-month period to care for a spouse, child, parent or next of kin who is a covered service member with a serious injury or illness.

Have additional questions? We have the answers. Check out our full overview of FMLA: Common Questions.

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

These Compliance Overviews are not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. © 2021 Zywave, Inc. All rights reserved.

Popular posts from this blog

Innovative employee retention strategies: 9 fresh ideas

Employee engagement and retention are pivotal in every sector, but they carry even more weight in the not-for-profit space, where resources are often limited. High turnover can be both costly and disruptive, impacting productivity and damaging morale. In an era of workforce evolution, to effectively retain their top talent, organizations must explore innovative employee retention strategies that go beyond conventional methods.  Engaged employees are distinguished by their higher productivity, motivation and loyalty, and they are more likely to stay with a company for the long term. Gallup recently updated its research article, The Benefits of Employee Engagement , finding that "low engagement teams typically endure turnover rates that are 18% to 43% higher than highly engaged teams."  In addition to turnover, disengaged employees negatively impact a company's financial health, with turnover costs averaging six to nine months of the departed employee's salary, accordin
Read more

Employee benefits strategies: 5 budget-friendly ideas

Retirement and employee benefits help create a solid foundation for recruitment and retention. They’re also pivotal in enhancing job satisfaction, boosting productivity, encouraging employee well-being and increasing workplace morale. With the work landscape evolving rapidly, organizations are revisiting their offerings to develop stronger employee benefits strategies.  The first area most small- and mid-size employers investigate is quick, short-term ways to foster company culture. In this blog, we’ll cover budget-friendly ideas to improve your employee benefits initiatives. Think of them as smaller action items that can help you gain a competitive edge. Then, we’ll take a closer look at how customizing your benefits plan can support your new efforts.  1. Promote a healthy work culture  Investing in employee benefit plans is not just about fulfilling a checklist. It's about creating an environment where employees feel supported in both their professional and personal lives. Benefi
Read more

What are Alternative Investments? 4-Part Introduction

The market has seen a lot of uncertainty in recent years. Because of this, many organizations are looking for new ways to diversify their investment portfolios. Our best-kept “not-so-secret” secret: alternative investments. In this blog, we'll explore alternative investments with a focus on how they can potentially shield your portfolios from downside market volatility. In addition, we'll break down its benefits and risks and whether it could be a good fit for you. Part 1: What are alternative investments? Alternative investments may help diversify your investment portfolios through non-traditional investment strategies. Non-traditional investment options have varying liquidity ranges depending on the strategy and fund structure. Alternative investments are sometimes referred to as alternative assets. According to the Harvard Business School , the seven types of alternative investments are: private equity; private debt; hedge funds; real estate; commodities; collectibles; and s
Read more