FMLA Fundamentals: Key insights for your organization

The Family and Medical Leave Act (FMLA) is a critical federal law that provides eligible employees with job-protected leave for qualifying medical and family-related circumstances. However, FMLA compliance can be tricky, and if managed incorrectly can lead to potential legal and financial complications.

Our recent webinar, “FMLA 101: What employers need to know,” provided a comprehensive overview of FMLA fundamentals, employer responsibilities, and strategies to help mitigate the risks of noncompliance. Guardian’s Accai Bailey, Regional Absence Practice Leader, and Rebekah Widmer, Absence Product Senior Manager, shared their insights on these topics. Here are the highlights:

Understanding FMLA fundamentals

FMLA allows eligible employees to take up to 12 or 26 work weeks of unpaid, job-protected leave each year, depending on the type of leave. Employees must also be allowed to retain their health insurance benefits during this period. Leave may be taken as continuous (a full block of time), intermittent, or on a reduced schedule (such as working fewer hours per week) based on the situation at hand. 

To qualify for FMLA, an employee must: 

• Work for an eligible employer (private employers with 50+ employees or public employers, including schools) 

• Have been employed for at least 12 cumulative months 

• Have worked at least 1,250 hours in the 12 months before requesting leave 

Eligible reasons for FMLA leave include: 

• Birth or adoption of a child 

• An employee’s own serious health condition 

• Family member with a serious health condition, including a spouse, child, or parent 

• Military caregiver leave 

• Military qualified exigency 

Common medical conditions that qualify include: 

• Hospitalization

• Chronic illnesses

• Pregnancy

• Long-term conditions

Employer responsibilities and compliance risks

Employers must ensure they properly track employee eligibility, maintain accurate records, and clearly communicate rights and obligations. However, many organizations may struggle with compliance. Most employers believe their company would fare well in a Department of Labor audit, but three in 10 fail Guardian’s simple FMLA quiz, with the average score being a C-.

The most common employer challenges include: 

• Keeping up with state/local leave laws 

• Coordinating different absence types 

• Determining FMLA eligibility 

• Transferring employees to alternative positions 

Failure to properly administer FMLA can put your organization at risk of legal fees and workplace disruptions, amongst other consequences. 

Common FMLA compliance violations include:

• Wrongfully denying leave

• Termination

• Discrimination

• Failing to reinstate employees to the same or equivalent position

Employer communication strategies 

Clear communication can be key to ensuring your employees understand their rights as it applies to FMLA. Thorough employee communication can also help to reduce common employer challenges and compliance risks.  

Best practices for the required FMLA communications include: 

• Posting an FMLA notice approved by the Secretary of Labor 

• Including FMLA rights and obligations in employee handbooks or other written material upon hire 

• Providing written notice of rights and obligations within five business days of an employee’s leave request 

• Notifying employees if their leave is designated as FMLA 

• Keeping all forms and information about an employee’s leave and condition confidential and separate from other employee files

Fitting the puzzle pieces together 

Navigating leave management can be like solving a complex puzzle, and employers of all sizes can face challenges piecing it together. Employer-sponsored benefits — such as short-term disability, long-term disability, and other employer leave policies — generally provide income replacement but don’t necessarily provide job protection. That’s why these activities must work hand-in-hand with FMLA, Americans with Disabilities Act Amendments Act (ADAA)/Pregnant Workers Fairness Act (PWFA), and state/local leave laws, which generally provide job protection, although specific provisions vary depending on the state and leave law in question. Additionally, each benefit has differing eligibility requirements, with some covering an employee’s own health condition while others allow for other caregiving responsibilities.

Bringing all these elements together can be challenging due to the complexities between the various benefits. If not interpreted and managed correctly, organizations risk costly and disruptive investigations, fines, or even lawsuits for noncompliance. Mastering the fundamentals of leave management can help ensure your organization stays compliant and operates smoothly.

Learn more

Are you prepared to support your employees and your organization through the FMLA process? Check out the full webinar to explore the fundamentals of FMLA in greater detail and get answers to frequently-asked questions.