Who is Eligible for FMLA leave?
Background: FMLA (Family and Medical Leave Act) is enforced by the US Department of Labor. This act was established to help employees better balance their work and family responsibilities. It provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. FMLA also requires that the person’s health benefits be maintained the entire time of their leave.
Does FMLA apply to your company? FMLA only applies to companies with 50 or more employees, as well as all public and private elementary and secondary schools, and public agencies. If you are classified as one of the aforementioned, read on!
Only employees that have worked for their employer at least 12 months, or at least 1250 hours over the past 12 months are eligible for FMLA. As an employer, this is just one of the many reasons it’s important to have accurate payroll and employee data. An eligible employee must also work at a location where the company employs 50 or more employees within 75 miles.
Employees requesting to leave work for the following reasons are covered under FMLA. Employers must provide 12 weeks of unpaid, job-protected leave (and a continuation of benefits) to those leaving:
- for the birth and care of the newborn child of an employee
- for placement with the employee of a child for adoption or foster care
- to care for an immediate family member (spouse, child, or parent) with a serious health condition
- to take medical leave when the employee is unable to work because of a serious health condition
*Source: US Department of Labor
Did you know that in addition to Professional Employer Organization options, Employer Solutions Plus offers human resource management services for FMLA, ERISA, COBRA, HIPPA, ADA and more?
If you’re having trouble sorting through countless compliance issues, employment laws, and regulations, or have a specific question regarding FMLA, please contact us.