Complying with FMLA During Employee Absences

With employee absences on rise in many areas, it is important to take a close look at how your company is handling absences and whether you are compliant with the Family and Medical Leave Act (FMLA) requirements. Non-compliance could result in fines, penalties or even litigation.

What is FMLA and how do you know if it needs to be on your radar?

If your company employs 50 or more employees (including part-time employees) each working day during 20 or more calendar weeks in the current or preceding calendar year, you must comply with the FMLA.

According to the Department of Labor, the FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:

  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Twenty-six work weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

FMLA regulations are extremely complex. For more resources from the DOL on the Family and Medical Leave Act, you can review the DOL’s FMLA Employer Guide and FMLA Fact Sheets

For more information on FMLA and benefit compliance, please contact your CPI-HR Benefits Consultant at 877.542.7833.

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