HR Badge #08: Leaves: Family and Medical Leave Act (FMLA)-HR Badge #8

HR Badge #8 - PowerPoint

Pdf Summary

This document outlines key employer responsibilities under the Family and Medical Leave Act (FMLA), focusing on eligibility, qualifying reasons for leave, required notices, medical certification, benefits maintenance, and return-to-work obligations.

To be <strong>eligible</strong> for FMLA, an employee must: (1) have been employed for at least <strong>12 months</strong> (with certain rules about breaks in service), (2) have worked at least <strong>1,250 compensable hours</strong> in the prior 12 months (leave time does not count), and (3) work at a site with <strong>50+ employees within 75 miles</strong>. Employers must provide an <strong>Eligibility Notice</strong> within <strong>five business days</strong> of a leave request or learning a leave may be FMLA-related, stating eligibility or reasons for ineligibility. Along with this, employers must provide a <strong>Rights & Responsibilities Notice</strong> explaining key items such as certification requirements, use of paid leave, benefit premium payments, key employee status, restoration rights, and potential premium repayment if the employee does not return.

Employees <strong>qualify</strong> for FMLA leave for bonding with a new child (birth/adoption/foster placement), their own serious health condition, caring for a spouse/child/parent with a serious health condition (not parent-in-law), and certain military-related reasons, including caring for a covered servicemember. The materials note the “serious health condition” definition is complex and employers should rely on regulations and certification forms.

The guide explains <strong>intermittent leave</strong> rules, including medical necessity, scheduling expectations, and how employers must track leave in increments no larger than one hour (or the smallest increment used for other leave).

Employers may require <strong>medical certification</strong>, enforce deadlines (generally 15 days), allow a 7-day cure period for incomplete/insufficient forms, and seek second/third opinions under specified rules.

Employers must issue a <strong>Designation Notice</strong> within <strong>five business days</strong> once enough information is known and track leave against the <strong>12-week entitlement</strong>, using one of four allowable 12-month calculation methods.

During leave, employers must maintain <strong>group health coverage</strong> under the same conditions, while employees continue paying their premium share. Upon return, employees are generally entitled to reinstatement to the same or an equivalent position, subject to limited exceptions (layoff, project end, certain key employees), and employers may require a <strong>fitness-for-duty</strong> certification in appropriate cases.

Keywords

Family and Medical Leave Act (FMLA)

FMLA eligibility requirements

Qualifying reasons for FMLA leave

Employer notice obligations (Eligibility, Rights & Responsibilities, Designation)

Medical certification and second/third opinions

Intermittent leave rules and tracking increments

12-week FMLA entitlement and 12-month calculation methods

Group health insurance continuation during leave

Return-to-work reinstatement and equivalent position

Fitness-for-duty certification and key employee exception