Family and Medical

Leave Act (FMLA)

Gabriela Rosas, VP of Human Resources

Overview

Who’s covered and Why

How it Works: Entitlements and Requirements

Employee Rights to Know!

Additional Assistance

Who’s Covered and Why

Balance between family and work

Promote stability and economic security

Applies to private and public working sector

Private must have 50 or more employees working each day for 20 calendar weeks/ year

Who’s Covered and Why

To be eligible:

Be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people;

Have worked at least 12 months (which do not have to be consecutive) for the employer; and

Have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins. 

Exceptions!

An employer need not count employment prior to a break in service of seven years or more unless there was a written agreement between the employer and employee (including a collective bargaining agreement) to rehire the employee, or the break in service was due to fulfillment of military service in the National Guard or Reserves. 

How it Works: Entitlements and RequirementsTwelve workweeks of leave in any 12-month period for:

Birth and care of the employee's child, within one year of birth

Placement with the employee of a child for adoption or foster care, within one year of the placement

Care of an immediate family member (spouse, child, parent) who has a serious health condition

Continued….

How it Works: Entitlements and RequirementsFor the employee's own serious health condition that makes the

employee unable to perform the essential functions of his or her job

Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or has been notified of an impending call or order to active duty in the U.S. National Guard or Reserves in support of a contingency operation  

Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember (Military Caregiver Leave)

How it Works: Entitlements and Requirements For any foreseeable leave employee must provide 30 days notice

For unforeseeable leave employee must submit as soon as possible

Leave may be take intermittently during 12 month period

Pending employer approval

Not needed for medically necessary events (pregnancy or serious illness)

Employer may require proper documentation for leave approval as well as for return to work (if own health)

Employee RightsAll covered employees are entitled and should feel no stress to take FMLA

Same or equivilant position must be given back to employee

If employees feel unfair treatment they may file with the Wage and Hour Division office near them

To read more please visit http://www.dol.gov/whd/america2.htm

Additional AssistanceFor further assistance or details please visit the following:

• Compliance Assistance: 1-866-4USWAGE (1-866-487-9243)

• Family and Medical Act Advisor

• FMLA Fact Sheet

• FMLA for Military Members

• FMLA Compliance Guide

Overview

Who’s covered and Why

How it Works: Entitlements and Requirements

Employee Rights to Know!

Additional Assistance