The Family and Medical Leave Act (FMLA) is designed to protect employees who need time away from work for serious health conditions, family care, or certain military-related reasons. But for employers, the rules can be complex—and even small missteps can lead to costly compliance issues,...
Question: We have an employee out due to a work-related injury. Do we still need to send them Family and Medical Leave Act (FMLA) paperwork if they’re already on workers’ compensation? Answered by the HR Experts: It depends. The FMLA and workers’ compensation serve different purposes. The...
Question: I read that FMLA entitles eligible employees to 12 weeks of unpaid, job-protected leave. What does “job-protected” mean? Answered by the HR Experts: When a leave of absence is “job-protected”, you can’t terminate or demote the employee, or take away any benefit they earned or...
Question: One of our employees is returning from FMLA next month. Is it okay for their manager to contact them before they return? Answered by the HR Experts: Yes. Employer-initiated contact during a protected leave is permissible, but it should be minimal and limited to necessary...
As your small business approaches the 50-employee mark, it’s important to prepare for some of the regulatory changes you will need to face. By preparing for these regulations in advance, you can ensure your company is fully compliant. When in doubt, you can reach out...
Most workers have access to unpaid, job-protected leave through the federal Family and Medical Leave Act. The FMLA, which became law in 1993, was intended to offer some stability for employees who needed to take time away from work to deal with a major medical...
After determining a leave is covered by FMLA, you should begin tracking time against the 12-week entitlement. You'll track this time in whole-week increments if the need for leave is continuous. Each week missed will be counted as 1/12th of their total entitlement. If the employee...
Question: Can an employee returning from FMLA leave be placed in a different role? Answered by the HR Experts: Generally not. Upon return from FMLA leave, employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other...
While there are different rules in each state, the Family Medical Leave Act (FMLA) applies to every business that operates in the United States. Even if you don’t think this law applies to you, it’s important to learn about FMLA notification requirements and eligibility rules. As...
Examining mistakes commonly made by employers implementing the FMLA may help other employers avoid the errors, mitigate challenges to their leave policies, and reduce damages from unintentional violations of the act. Common mistakes, along with a summary of the pertinent law, follow: Failing to properly...