The US Department of Labor’s Wage and Hour Division (WHD) just released an Employer’s Guide to the Family and Medical Leave Act (FMLA). This booklet is designed to answer common questions about this complex law and strengthen compliance with its mandated protections.
First, does FMLA apply to your office?
Remember that the FMLA applies only to employers who have 50 or more employees in 20 or more weeks of the year. To be eligible for FMLA, the employee must work at a location where the employer has at least 50 employees within 75 miles. The employee must also have worked for at least 12 months and 1,250 hours.
The biggest confusion generally comes from when and how to properly certify whether a leave is covered by the FMLA. The law provides up to 12 weeks of unpaid, job-protected leave per year for a qualified reason. Reasons include caring for a new child or a family member with a serious health condition, recovering from an employee’s own serious health condition, and certain situations arising out a family member in active duty in the military.
Where can you access the Employer Guide?
The Employer Guide is free for download here, at the DOL website.
The DOL also created a version for employees to access, which includes flow charts that explain coverage and eligibility determinations. The Employee Guide is also available through the DOL.
Have an FMLA question? CEDR’s advisors are available to help! Just give us a call at 866-414-6056, or email info@cedrsolutions.com. Even if you’re not yet a CEDR Member, we’ll help medical and dental employers solve one HR issue for free.