What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that became effective in 1993. It allows eligible employees of covered employers to take unpaid, job protected leave for specified family and medical reasons.
The FMLA applies to employers that meet certain criteria. A covered employer is a:
- Private-sector employer, with 50 or more employees (within 75 miles) in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
- Public agency, including a local, state, or federal government agency, regardless of the number of employees;
- Public or private elementary or secondary school, regardless of the number of employees.
The FMLA requires covered employers to provide up to 12 workweeks of leave during an applicable leave year for qualifying reasons (up to 26 workweeks of leave during an applicable leave year for an eligible employee to care for a military service member with a serious injury or illness).
Click below for further information and resources on the Family and Medical Leave Act (FMLA).
DOL Released New Forms This Summer
The Department of Labor (DOL) released optional-use forms which can be used by employers to provide required notices to employees, and by employees to provide certification of their need for leave for an FMLA qualifying reason.
The DOL's Wage and Hour Division believes the changes made to the optional-use forms will reduce the time employers and employees spend providing information, improve communications between leave applicants and administrators, and reduce the likelihood of violations.
To access the updated, optional-use FMLA forms, click here.
Comment Period for RFI Until Sept. 15th
On July 16, 2020, the DOL's Wage and Hour Division announced a Request for Information (RFI) to be published in the Federal Register seeking the public’s feedback on the administration and use of the law. The RFI has been published in the Federal Register. Comments are welcomed regarding the definition of serious health condition, use of intermittent FMLA, and employee notice and certification. The Department encourages interested parties to submit comments on the RFI by September 15, 2020.
Click here for the RFI and follow the steps to comment.
If you are a client of FrankCrum, you can contact us for guidance on the FMLA and other leave laws.