Employer FMLA Compliance Requirements

What Is The FMLA?

The FMLA stands for the Family and Medical Leave Act, a United States federal law enacted in 1993. It provides eligible employees with unpaid, job-protected leave for certain family and medical reasons.

The (FMLA) requires certain employers to allow eligible employees to take unpaid, job-protected leaves for certain family and medical events, such as:

Birth of a child
Placement of a child for adoption or foster care
Care of a spouse, child, or parent with a serious health condition
Inability of the employee to perform the functions of his or her job because of a serious health condition
"Qualifying exigency" (managing family affairs related to certain family members being on active duty or being notified of an impending call or order to active duty, or being deployed or called to deployment to a foreign country)

With respect to these events, the law generally provides a minimum benefit (up to 12 weeks of unpaid leave during a single 12-month period). The twelve weeks applies in aggregate to all leaves recognized by the FMLA occurring within the 12-month period.

What Are The Most Common FMLA Requirements?

Here are some of the most common FMLA requirements:

Eligibility:
To be eligible for FMLA leave, employees must work for a covered employer and meet certain criteria, including having worked for the employer for at least 12 months, having worked at least 1,250 hours during the previous 12 months, and working at a location where the employer has at least 50 employees within a 75-mile radius.
Qualifying Reasons:
FMLA leave can be taken for specific reasons, including the birth and care of a newborn child, the placement of a child for adoption or foster care, to care for an immediate family member (spouse, child, or parent) with a serious health condition, or for the employee's own serious health condition that renders them unable to perform their job duties.
Notice Requirements:
Employees must provide their employer with reasonable notice of their intention to take FMLA leave, including the anticipated duration of the leave, if known. In cases of planned medical treatment, employees are generally required to make reasonable efforts to schedule the treatment so as not to unduly disrupt the employer's operations.
Certification of Need:
Employers may require employees to provide certification from a healthcare provider to support the need for FMLA leave, particularly in cases of serious health conditions.
Duration of Leave:
Eligible employees are entitled to up to 12 weeks of FMLA leave within a 12-month period for most qualifying reasons. However, leave for the birth, adoption, or foster care placement of a child may extend up to 12 months from the date of birth or placement.
Job Protection:
Employees who take FMLA leave are generally entitled to be restored to their original position or an equivalent position with equivalent pay, benefits, and terms of employment upon returning from leave.

What Are Some Key Elements To FMLA Administration?

Notice Requirements
Eligibility Determination
Medical Certifications
Leave Entitlement
Job Restoration
Continuation of Benefits
Intermittent and Reduced Schedule Leave
Anti-Retaliation Provisions
Compliance with State and Local Laws
Coordination of FMLA with ADA, COBRA, and other leave laws
Recordkeeping

Key Issue:
What Are FMLA's Medical Certification Requirements?

Under certain circumstance, employers can require employees to provide certification from a healthcare provider to verify the need for FMLA leave due to a serious health condition affecting the employee or a covered family member. Note: as with a lot of the FMLA compliance requirements, there are tricky rules here, so make sure you are properly trained in this area.

Key Issue:
What Is FMLA Intermittent Leave? How Does FMLA Intermittent Leave Work?

FMLA law allows FMLA leave to be taken intermittently or on a reduced schedule basis. While this is a legal requirement, it does create problems for administration, and is often the cause for FMLA fraud and abuse. For instance, what if an employee consistently requests Friday for FMLA leave. Could it be needed and factual, or abuse? It could be both, so FMLA administrators need to know how to handle these requests properly.

Key Issue:
Is FMLA Fraud And Abuse Prevalent?

Many employers have to deal regularly with potential FMLA fraud and abuse. For example, is it a true need or a coincidence that someone always calls out to take FMLA leave on Mondays? FMLA administrators need to know how to handle these requests properly - including how to deny.

What Are The Key Concerns / Most Difficult Part Of FMLA Administration?

Interpretation of Eligibility:
Determining whether an employee is eligible for FMLA leave can be complex. Employers must understand the eligibility criteria, including the number of employees in the company and the employee's tenure.
Tracking Leave Entitlements:
Keeping accurate records of an employee's FMLA leave entitlement, including how much leave they have used and how much remains, can be challenging, especially for intermittent leave or leave taken in reduced schedules.
Managing Intermittent Leave:
Intermittent FMLA leave, where an employee takes leave in separate blocks of time, can be difficult to manage due to its unpredictable nature. Employers must track these intermittent absences carefully and ensure they are being used for valid reasons.
Medical Certification and Recertification:
Obtaining and reviewing medical certification forms from healthcare providers to verify the need for FMLA leave can be complex. Employers must navigate privacy laws while ensuring the information provided is sufficient to support the need for leave.
Coordination with Other Leave Policies:
FMLA leave often intersects with other leave policies, such as sick leave, vacation time, or short-term disability. Coordinating these different types of leave while ensuring compliance with FMLA regulations can be challenging.
Employee Communication:
Communicating effectively with employees about their FMLA rights and responsibilities, including providing notices and explaining the process for requesting leave, can be challenging. Employers must ensure that employees are aware of their rights under FMLA without violating privacy or confidentiality.
Return to Work and Accommodations:
Managing an employee's return to work after FMLA leave, including any necessary accommodations or modifications to their job duties, can be complex. Employers must ensure a smooth transition back to work while complying with legal requirements.
Handling FMLA Abuse:
Identifying and addressing instances of FMLA abuse, such as fraudulent or excessive leave requests, can be challenging. Employers must balance the need to protect their business interests with respecting employees' rights under FMLA.

What Are The Most Common Errors Of FMLA Administration?

Inaccurate Eligibility Determination
Failure to Provide Notice
Tracking Leave Entitlement
Handling Medical Certification and Recertification
Managing Intermittent Leave
Failure to Properly Count FMLA Leave
Not Providing Job Restoration
Dealing with Return-to-Work and Accommodations
Identifying And Handling FMLA Abuse

To avoid these errors, employers should invest in training for HR personnel and managers, establish clear FMLA policies and procedures, maintain accurate documentation, and ensure consistent application of FMLA regulations across the organization.

What Is The Benefit Of An FMLA Training?

FMLA training provides numerous benefits to both employers and employees. Here are some of the key benefits:

Reduced Liability
Employee Satisfaction
Retention
Consistency
Proper Recordkeeping
Prevention of Abuse
Cost Savings

Overall, FMLA training is essential for maintaining a positive work environment, ensuring legal compliance, and effectively managing employee leave.