The Family and Medical Leave Act Explained
The Family and Medical Leave Act (FMLA) of 1993 provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. For HR professionals preparing for the SHRM exam, the FMLA is a heavily tested topic that requires a detailed understanding of eligibility requirements, qualifying reasons, and employer obligations.
Employer Coverage and Employee Eligibility
The FMLA applies to all public employers and private employers with 50 or more employees within a 75-mile radius. To be eligible for FMLA leave, an employee must meet three criteria:
- Work for a covered employer.
- Have worked for the employer for at least 12 months (which do not need to be consecutive).
- Have worked at least 1,250 hours during the 12-month period immediately preceding the leave.
Qualifying Reasons for FMLA Leave
Eligible employees may take FMLA leave for the following reasons:
- The birth of a child and bonding with the newborn within one year of birth.
- The placement of a child for adoption or foster care and bonding within one year of placement.
- Caring for an immediate family member (spouse, child, or parent) with a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of their job.
- Any qualifying exigency arising from a family member's military service.
Additionally, the FMLA provides up to 26 weeks of leave in a single 12-month period for an eligible employee to care for a covered servicemember with a serious injury or illness (military caregiver leave).
Defining "Serious Health Condition"
A "serious health condition" is a key concept under the FMLA. It is defined as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. Continuing treatment includes conditions that result in incapacity for more than three consecutive calendar days and require treatment by a health care provider, pregnancy or prenatal care, chronic conditions requiring periodic treatment, permanent or long-term conditions, and conditions requiring multiple treatments.
Intermittent and Reduced Schedule Leave
When medically necessary, employees may take FMLA leave on an intermittent basis (in separate blocks of time) or on a reduced schedule basis (reducing the usual number of hours per workweek or workday). However, for leave taken for birth or placement of a child, intermittent leave requires employer approval.
When an employee takes intermittent or reduced schedule leave, the employer may temporarily transfer the employee to an alternative position that better accommodates the leave schedule, provided the position has equivalent pay and benefits.
Employer Notice Requirements
Employers have several notice obligations under the FMLA:
- General notice: Employers must post a notice explaining FMLA rights in a conspicuous location.
- Eligibility notice: Within five business days of learning about a potential FMLA-qualifying reason, the employer must notify the employee of their eligibility.
- Rights and responsibilities notice: The employer must inform the employee of specific expectations and obligations during FMLA leave.
- Designation notice: Within five business days of having enough information, the employer must notify the employee whether the leave will be designated as FMLA-qualifying.
Job Restoration Rights
Upon return from FMLA leave, the employee is entitled to be restored to the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. An "equivalent position" must be virtually identical to the employee's former position in terms of pay, benefits, and working conditions, including privileges, perquisites, and status.
A limited exception exists for "key employees," who are among the highest-paid 10% of employees within 75 miles. The employer may deny job restoration to a key employee if it is necessary to prevent substantial and grievous economic injury to the employer's operations, but the employer must notify the employee of this possibility.
SHRM Exam Tips
For the SHRM exam, pay special attention to the 50-employee and 75-mile radius coverage threshold, the 12-month and 1,250-hour eligibility requirements, the differences between standard leave (12 weeks) and military caregiver leave (26 weeks), the employer's right to require medical certification, and the rules governing intermittent leave. These are frequently tested areas.