“Does our company have to comply with the FMLA?”
It’s a question we often hear from our clients. Before we can answer it, let's discuss what the FMLA is.
The Family and Medical Leave Act (FMLA) is a federal law that provides both job-protected leave and benefits continuation rights to employees who need to take leave for certain family and medical reasons. All public agencies, regardless of size, and private employers with 50 or more employees are required to comply with the provisions of the FMLA.
For an employee to be eligible, they must have worked for the company for at least 12 months in the last seven years, have worked at least 1,250 hours for the company during the 12 calendar months immediately preceding the leave, be employed at a work site that has 50 or more employees within a 75-mile radius, and be unable to work a regular schedule for one of the following reasons:
- For the birth and care of the newborn child of the employee;
- For placement of a child for adoption or foster care with the employee;
- To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- To take medical leave when the employee is unable to work because of a serious health condition.
If the employee meets these criteria, they are eligible for up to 12 weeks of unpaid leave, which may be taken either in a lump sum or on an intermittent basis, depending on their needs.
Keep in mind that many states have their own statutory leaves that operate similarly to the FMLA. Often these apply to smaller employers and expand the reasons or types of family members for which leave can be taken. Mammoth members can access state specific resources located in our HR Support center.
Learn how to navigate the FMLA during our free, 30 minute webinar on 1/25/17 at 10AM PST.