The Family and Medical Leave Act (FMLA) is a federal law that protects employees who need to take extended time (up to 12 weeks) off work for specific reasons. The official guidelines are extensive and detailed, and the penalties enforced on employers who don’t comply are stiff.
Keep reading to learn all about FMLA guidelines for employers, along with:
- The rules employees and employers need to follow
- Which protections apply to employees
- How to make FMLA administration and compliance easy for everyone
Employer criteria under the FMLA
Most private and public employers must adhere to the FMLA rules. The law applies to employers with 50+ employees working 20 or more weeks in the current or previous calendar year.
The employee count includes anyone who:
- Works in the US or its territories
- Is on the payroll records
- Is on paid or unpaid leave
- Works part-time, full-time, seasonally, or on a temporary basis
Employee eligibility for FMLA leave
Employees are eligible to take unpaid FMLA leave if they:
- Work for an employer that meets the requirements outlined above
- Worked for the company for at least 52 weeks (does not have to be consecutive; part-time, seasonal, and temporary work counts)
- Worked at least 1,250 hours during the 12-month period (overtime is included)
- Work at a location where there are at least 50 employees within 75 miles
Eligible reasons for taking time off under the FMLA include:
- Giving birth to, caring for, or adopting a child (for all parents)
- Caring for an immediate family member with severe health issues
- Developing a health condition that prevents them from doing their job
- Supporting a family member on active military duty
How the FMLA applies to shift-based jobs
The FMLA does have limitations and stipulations for employees, particularly those doing shift work. Examples include:
- The amount of time offered: Under the FMLA, employees can take up to 12 weeks of job-protected leave. Depending on the reason, an employee may need to take more than 12 weeks off, and any additional time taken could cause issues with employment.
- Tenure-based requirements: Many employees, especially shift workers, aren’t eligible for FMLA leave based on how long they’ve worked for the employer. Shift-based work can have high turnover rates.
- Different rules for spouses: If spouses work for the same employer, they can be limited to a total of 12 weeks of leave, rather than being able to take 12 weeks each after the birth/adoption of a child or to care for a sick family member.
- Who is considered immediate family: The FMLA defines immediate family as a spouse, child, or parent. By this definition, immediate family does not include in-laws or siblings, which can cause problems for employees who need to care for those family members.
- It’s unpaid: Many shift workers may not take FMLA leave because they need to support themselves and cannot afford to take unpaid leave. This may lead them to try to swap shifts with other employees or potentially call in sick.
Employees may also worry about FMLA leave affecting a promotion, even when they qualify for it.
Case study: Trek schedules on the go
Trek, a multi-location bicycle manufacturing company, struggled with scheduling and juggling time off and labor law compliance. They turned to Deputy for help—our mobile app made rescheduling and approving time off easier since it can be done on the go.
They saw a 30% increase in overall productivity because managers weren’t spending all day on scheduling.
FMLA rules for employers and employees
Employers and shift workers must meet certain requirements to adhere to the regulations of the FMLA.
Rules for employers
Here is what employers must do under the FMLA.
Hang FMLA posters
All FMLA-covered employers must post detailed information in plain view so employees can easily read it. The information on the poster must include:
- What the FMLA is
- How to apply for a covered leave of absence
- How to file a complaint with the Wage and Hour Division
The text on the poster should also reflect all languages spoken by employees in the workplace.
Employers can find an official FMLA poster on the Department of Labor website—it’s free. Failure to follow this rule will result in a civil monetary penalty for each separate offense.
Final note: FMLA information should also be in the employee handbook. If there is no handbook, provide detailed information at the time of hiring.
Provide eligibility and rights and responsibilities notices
All employers need to provide employees with an Eligibility Notice, whether written or oral, that informs each employee whether they’re eligible for FMLA leave. Additionally, if the employee isn’t eligible for FMLA, the notice must include a stated reason for the ineligibility.
Employers need to provide this notice within five business days of the initial FMLA leave request. If the employee cannot speak English, this notice must be given in a language they understand. Employers don’t have to provide an Eligibility Notice if an employee leaves again within the same 12 months or leaves for a different reason and their eligibility hasn’t changed.
The Rights and Responsibilities Notice lists the employee’s responsibilities and entitlements during their leave. It must be given to each employee who receives an Eligibility Notice, once again in a language the employee understands. If the leave has already started, an employer can mail this notice to the employee.
Give employees a designation notice
Employers need to designate leave as FMLA and provide a Designation Notice. The notice shows the employee that the leave is listed under the FMLA and outlines any requirements the employee may have while on leave. For example, an employee might need to pay their portion of the insurance premiums while away from work, as they won’t be automatically deducted from their paychecks if the leave is unpaid.
Properly calculate FMLA leave
FMLA leave calculations must be exact because only the employee’s regular working hours count toward the requirement. In other words, an employer may have to calculate by the hour, and they cannot count any holidays the employee would already have off as part of their leave unless the employee is taking a full week off and a holiday falls within that time.
Scenario: A seasonal food service location has employees who work only during part of the year. Those responsible for calculating FMLA leave would have to look at multiple years of employee history to determine whether an employee reached the minimum hours requirement to qualify for FMLA leave.
Maintain health insurance benefits and keep their job available
Employers must maintain an employee’s position and any applicable benefits, including health insurance, as long as they fulfill their responsibilities while on leave. If the same role is not available when an employee returns, one of equal level (such as pay, benefits, and working conditions) must be offered. Employers also must give the employee any unconditional pay increases that occurred while they were gone, such as cost-of-living raises.
If an employee is laid off while on FMLA leave, the employer needs to prove the layoff would have happened whether the employee was present or away from work. For example, if an entire department is laid off, that would have impacted the employee, regardless of leave status.
Keep proper records
It’s the employer’s responsibility to keep all records organized and confidential. All physical and electronic records must be kept for at least three years. The information in these records should include:
- Employee’s name, address, and job title
- Pay rate information
- Average hours worked per pay period
- Additions and deductions from wages
- When FMLA leave is taken
- Hours of FMLA leave used
- Copies of FMLA notices provided by both employers and employees
- Documents with employee benefits or employer policies and practices regarding leave
- Premium payments for employee benefits
- Records of any dispute between the employer and an employee regarding the designation of leave as FMLA leave
To ensure confidentiality, all records regarding an employee’s health or their family’s health should remain separate from their personal records.
Rules for employees
Employees also have rules they need to follow to qualify for FMLA leave and while on leave.
Give proper notice
An eligible employee must inform their employer that they need FMLA leave at least 30 days in advance unless there are extenuating circumstances. The notice can be written or oral and must provide sufficient information to indicate that the leave qualifies under the conditions of the FMLA. It should also say when the leave will start and how long the employee needs to be off.
Scenario: An employee’s family member has experienced a sudden illness and requires care. The 30-day notice requirement may be waived to accommodate this unexpected circumstance.
Complete all documents and certifications
Employees requesting FMLA leave must fill out all documents and certifications their employer requires. Examples may include a medical certification verifying the need to take leave, completed by a healthcare professional.
If an employee doesn’t complete the required documents or certifications within the 15-day turnaround time, then the employer has the right to deny the request for FMLA leave.
Provide additional information requested
Employers may ask for additional information, and employees should provide it as long as it’s reasonable. An example could be an employer requesting more information about an employee’s relationship with a family member to ensure it complies with the FMLA regulations.
An employer is also permitted to ask for additional information about any health conditions an employee is dealing with, such as treatment timelines, but can’t ask about treatments specifically.
Pay health insurance premiums
Employees must continue paying into their health insurance during their FMLA leave to keep it — even when they aren’t receiving a paycheck. The employer should include details about how and when to pay premiums in the FMLA documentation provided to the employee.
Case study: Mud Bay needed better processes for employee scheduling
For over three decades, Mud Bay has provided quality pet products. Originally, each Mud Bay store used an Excel spreadsheet for scheduling, a manual process that required significant time and effort. They also had a separate system to track employee time. This method wasn’t ideal, particularly when employees called out at the last minute, and business leaders were trying to manage proper compliance for each state’s location, affecting the store’s ability to operate.
This is where Deputy came in. Using our software, Mud Bay was able to manage multiple tasks in one single solution, eliminating stress, freeing up time, and allowing employees to swap shifts easily and take sick time as needed.
Establishing rules for shift workers to request FMLA
The FMLA is an essential piece of legislation protecting employees, but it is also quite complex, particularly for employers navigating the fine print. There are steps you can take to make things less challenging for both you and your employees.
Simplify the process of requesting leave
First and foremost, make it simple for employees to request leave. Create a process with clear steps that all employees understand and can follow.
Establish consistent processes
Next, set up processes that automatically enter approved leave requests into the schedule, which will help to minimize conflicts or unfilled shifts. Consider how you can plan ahead for upcoming leave. For example, start the process as soon as you receive notice that an employee will be taking parental leave.
Maintain compliance
Also, you can ensure your business is aligned with many of the FMLA’s guidelines for employers by helping employees understand the law and how it applies to them. Use all available resources and tools to ensure labor law compliance when scheduling employees’ breaks and leaves. For example, the Deputy pay rule library contains information on compliance rules and benefits you can apply to your workplace. Book a demo today.