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FMLA: What You Need To Know

What is FMLA? Family and Medical Leave Act of 1993 (FMLA) : Administered and enforced by U.S. Dept. of Labor’s Employment Standards Administration, Wage and Hour Division Entitles eligible employees to take up to 12 weeks unpaid leave Allows employees to balance work and family life Minimizes employee discrimination while promoting equal employment opportunities for men and women Whom Does FMLA Apply To? FMLA applies to: State and local government employees Employees in Local education agencies (schools) Private-sector employers with 50 or more employees Which Employees are Eligible? To be eligible for FMLA benefits, an employee must: Work for a covered employer Have worked for the employer for a total of 12 months (doesn’t have to be consecutive) Have worked at least 1,250 hours over the previous 12 months Work at a location in the US where at least 50 employees are employed by the employer within 75 miles To be eligible for FMLA benefits, an employee must: Work for a covered employer Have worked for the employer for a total of 12 months (doesn’t have to be consecutive) Have worked at least 1,250 hours over the previous 12 months Work at a location in the US where at least 50 employees are employed by the employer within 75 miles Provide care of the child following the birth or adoption Caring for a spouse, son, daughter, or parent with a serious health condition Taking medical leave when the employee is unable to work because of a serious health condition For certain military reasons What Counts as Serious Health Condition? Serious Health Condition means an illness, injury, impairment, or physical or mental condition that involves: • Inpatient care- Overnight stay in hospital, hospice, or medical-care facility. • Continuing treatment by a health care provider-Includes period of incapacity lasting more than 3 consecutive, full calendar days, and subsequent treatment or period of incapacity relating to the same condition. W

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FMLA: What You Need To Know

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  1. FMLA: What You Need To Know

  2. What is FMLA? Family and Medical Leave Act of 1993 (FMLA) : • Administered and enforced by U.S. Dept. of Labor’s Employment Standards Administration, Wage and Hour Division • Entitles eligible employees to take up to 12 weeks unpaid leave • Allows employees to balance work and family life • Minimizes employee discrimination while promoting equal employment opportunities for men and women

  3. Whom Does FMLA Apply To? FMLA applies to: • State and local government employees • Employees in Local education agencies (schools) • Private-sector employers with 50 or more employees

  4. Which Employees are Eligible? To be eligible for FMLA benefits, an employee must: • Work for a covered employer • Have worked for the employer for a total of 12 months (doesn’t have to be consecutive) • Have worked at least 1,250 hours over the previous 12 months • Work at a location in the US where at least 50 employees are employed by the employer within 75 miles

  5. Reasons for FMLA Leave • Provide care of the child following the birth or adoption • Caring for a spouse, son, daughter, or parent with a serious health condition • Taking medical leave when the employee is unable to work because of a serious health condition • For certain military reasons

  6. What Counts as Serious Health Condition? Serious Health Condition means an illness, injury, impairment, or physical or mental condition that involves: • Inpatient care- Overnight stay in hospital, hospice, or medical-care facility. • Continuing treatment by a health care provider-Includes period of incapacity lasting more than 3 consecutive, full calendar days, and subsequent treatment or period of incapacity relating to the same condition.

  7. Want to learn more about FMLA, its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: • Understanding FMLA • FMLA Abuse: How to Identify, Investigate, Deny, and Terminate • How to Manage Employee Leaves, Health Issues and Job Accommodation • Roadmap of California Leaves • FMLA/ADA Crossover: Coordination, Management, and Compliance Strategies • Risk Management for Human Resources

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