The Family Medical Leave Act, or FMLA, was enacted in 1993 by the Clinton administration. It serves employees by allowing unpaid time off for serious illness or the birth or adoption of a child. It is the employer's duty to notify employees of FMLA eligibility, and employers can legally place an employee on FMLA leave once they are aware of an FMLA qualifying condition.
Putting an Employee on FMLA
Employers may legally "start the clock running" on FMLA when they are notified of an employee's FMLA condition or situation. FMLA offers benefits for both the employee and the employer. Employees benefit from approved FMLA leave because it protects their jobs. Excessive absences can result in termination, and FMLA protects employees who have applied for the benefit. Employers need FMLA as a means of both providing valued employees with needed leave but also protecting themselves against employees who may abuse the system. It is in the best interest of employers for paid and unpaid FMLA leaves to run concurrently. This will prevent excess absences. Employers can also request that employees use any accrued vacation, sick time or other leave time during FMLA. All FMLA guidelines should be clearly defined in an employee handbook given to employees at the beginning of employment.
FMLA Provisions
Employers who employ 50 or more employees within a 75-mile radius of its main location must provide FMLA leave to qualifying employees. Employees who have worked a minimum of 1,250 hours in the past year qualify for FMLA if they suffer from a serious health condition themselves or are caring for a close family member with a serious health condition. Employees who are giving birth to a child or adopting a child also qualify for FMLA leave. FMLA consists of 12 weeks of unpaid leave, which may be taken in any increments, including increments of minutes.
FMLA Documentation
According to the FMLA guidelines presented by the U.S. Department of Labor, employers can place employees on FMLA leave and require them to provide a physician's statement in order to qualify for leave. The physician's statement outlines the expected leave needed for the particular condition. Employers can require employees to renew this documentation every 30 days as necessary. Employees who fail to provide the requested documentation, or who have accumulated excess absences, can be terminated in some cases. Employers should carefully track absences and document them in case termination becomes necessary.
FMLA Considerations
The Family Medical Leave Act is a complex piece of legislation. Employers who are experiencing problems with employees on FMLA leave should consider consulting a labor attorney. The courts have often decided against employers in FMLA cases, and every precaution should be taken as an employer. Be sure that employees who handle FMLA cases are properly trained and have the proper resources for tracking and filing FMLA paperwork. Because FMLA often centers around health conditions, which are protected by privacy laws, employers should store FMLA paperwork and documentation in files that are separate from personnel files.
