Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is a federal law that ensures an employee's right to take unpaid leave from work to care for him or herself or an ill family member and to return to his or her job once the leave is over.

The FMLA covers employers with 50 or more employees and requires employees to have worked in most cases for an employer for at least 1,250 hours in the previous 12 months before becoming eligible for leave.

The FMLA imposes notice obligations on employers to inform workers of their rights, and allows employees to take intermittent leave if circumstances warrant. In certain circumstances, employees may elect or employers may require employees to substitute accrued paid vacation leave, personal leave or family leave for unpaid FMLA leave.

The FMLA was enacted in 1993. In 2008 and again in late 2009, Congress amended the FMLA to provide for unpaid leave for employees to care for ill relatives who are in the U.S. armed forces.

Next Steps:

  1. Detailed information on the FMLA can be found in this eBook on SmartHRManager.com.
  2. You may also search for FMLA content in our database.
  3. To get full access to the website, signup for our free trial

See below for a summary of all recent FMLA updates on Smart HR Manager.

 

FMLA Training

California - The Golden State for Big HR Mistakes: What You Need to Know About Policies, Training and Key Statutes
August 11, 2010

California often sets itself apart from other states and leads HR trends in many ways. If you are not prepared, watch out. Leaves of absence, sexual harassment training requirements, meal breaks, domestic partnerships, vacation, termination and privacy issues are just some of the tricky issues in California. And don’t forget exclusive case law and statutes!

EEOC's GINA Regulations--Required Changes for Employers
August 9, 2010

The EEOC is preparing to issue its long-delayed regulations interpreting the Genetic Information Nondiscrimination Act of 2008 (GINA). The law imposed a number of confidentiality and other non-disclosure requirements on employers but also left many ambiguities. The new regulations will attempt to explain the various ways GINA will implicate your personnel policies. The rules come at a critical time, as genetic self-testing kits are appearing in drugstores and lawsuits are being filed claiming genetic discrimination. The advent of new technology and new legal liabilities makes understanding these new regulations a necessity for employers and HR professionals.

Interplay of FMLA with Domestic Partnerships Arrangements
April 19, 2010

Coordinating and responding to FMLA leave requests is often complicated, but when such requests involve an employee seeking leave to care for a domestic partner, the complexity is further compounded. Simply denying such a request because there is no specific state or local leave law addressing domestic partnerships in your area may not be an acceptable response. And if there are specific laws addressing employee leave requests to care for domestic partners in your area, remembering them and how they interact with the provisions of the federal FMLA is even more daunting.

On Again, Off Again: Can you Control Intermittent Leave Under the FMLA?
March 3, 2010

One of the most difficult areas for HR professionals to deal with is intermittent leave under the Family and Medical Leave Act (FMLA). Because the nature of the leave and the law, managers often feel handcuffed by employees who sometimes abuse the amount and time granted to them under the law, leaving employers short-handed. Even those who have a good working understanding of FMLA, still struggle with how to manage intermittent leave, while making sure they are keeping fair and accurate records.

Effective Telecommuting-Ensuring Productivity While Balancing Corporate Needs and Avoiding Legal Liability
January 4, 2010

Recently with economic pressure and other threats (like H1N1 flu) pressuring businesses to consolidate or eliminate office space, lots of employers are offering telecommuting as a relatively cost-effective alternative. Aided by gains in technology, telecommuting has been successfully used by many employers in the last several years, and in the most recent economic environment, it has allowed employers to retain and reward top talent while reducing overhead. There are, however, important legal, practical, and organizational issues that, if overlooked, can lead to significant headaches and potentially even legal problems for some employers.

FMLA News

White House Seeks Funding for Employment Law Enforcement
February 15, 2011

The White House’s fiscal year 2012 budget request to Congress, released Feb. 14 by the U.S. Office of Management and Budget, reflects the administration’s ongoing determination to fuel its enforcement of federal employment laws.

Alcoholism Not Covered by FMLA Unless Employee Is in Treatment, 7th Cir. Rules
February 3, 2011

Absences caused by the use of alcohol — rather than treatment for alcoholism — are not covered under the Family and Medical Leave Act, as a recent ruling from the 7th U.S. Circuit Court of Appeals illustrates.

Obama Nominates Justice Dept. Attorney to Lead Wage and Hour Division
December 3, 2010

President Obama told Congress Dec. 2 that he will nominate Leon Rodriguez to head the Wage and Hour Division at the U.S. Department of Labor.

DOL Partners With American Bar Association to Enforce FLSA, FMLA
November 24, 2010

The U.S. Department of Labor’s Wage and Hour Division and the American Bar Association are entering into a partnership to help process complaints received by WHD from all over the country about employment law violations.

Calif. Court: Employer Call-in Procedures Must Be Followed
November 22, 2010

Employees must follow their companies’ call-in procedures for reporting absences and tardiness, a California appeals court ruled, emphasizing a Family and Medical Leave Act rule that was tightened in favor of employers by the January 2009 regulations.

FMLA Analysis

FMLA, ADA, and Workers’ Comp Overlap
March 31, 2010

FMLA protections may overlap with other statutes and programs, including the Americans With Disabilities Act and workers' compensation laws, as employment law attorney Peter Susser explains.

New FMLA Servicemember Provisions Added
December 10, 2009

In the December 2009 supplement to the Employer's Guide to Preventing Discrimination, learn about new servicemember leave provisions under recent amendments to the Family and Medical Leave Act.

Guide to the Final FMLA Revised Regulations
February 25, 2009

This report discusses the evolution of the final revised rules under the Family and Medical Leave Act, which are effective Jan. 16, 2009, and recommends strategies for employers to maintain compliance with them.