What is FMLA? Family Medical Leave

Family and Medical Leave Act (FMLA) became law in 1993. According to its Congressional sponsors, the purpose of FMLA was to promote development of the family unit and to enhance worker productivity. The Act was also intended to address the potential for discrimination against women, who have traditionally been the primary caretakers in our society. In the process of addressing these laudable goals, however, Congress has created one of the most complex statutes of all those that mandate employment related benefits. It imposes significant restrictions on a company’s treatment of employees who request, take and return from leave. FMLA generally requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave in any 12-month period: • for the birth of a son or daughter, and to care for the newborn child; • for placement of a son or daughter for adoption or foster care; • to care for the employee’s spouse, child, or parent with a serious health condition; or • because of the employee’s own serious health condition that renders the employee unable to perform one or more of the essential functions of the job. During this period of time the employee’s job and accrued benefits must be protected, and health benefits must be continued under the same terms as prior to the leave. For most employers, FMLA took effect on August 5, 1993. For those employees governed by a collective bargaining agreement on that date, the Act took effect upon the termination of the agreement or February 5, 1994, whichever was earlier. The final regulations, which now govern all FMLA issues, became effective on April 6, 1995. OVERVIEW OF THE ACT The first step in evaluating your employees’ rights and obligations under FMLA is to determine whether your company is covered by the Act. If covered, you must then determine whether the employee at issue is eligible for benefits under FMLA. A. Are You Covered? You are a covered employer under FMLA if you: • employ 50 or more employees • each working day • for 20 or more calendar workweeks (not necessarily consecutive) • in the current or preceding calendar year. The test of “employment” is relatively broad, and it includes: • employees on the payroll even if no compensation is received; • employees on leave if there is a reasonable expectation that they will return; and • part-time employees. The number of employees employed during a calendar workweek does not include those: • who have been laid off (temporarily or permanently); • who begin work after the first working day of a calendar week; or • who terminate employment before the last working day of a calendar week. The term “employer” includes any persons who act directly or indirectly in the interest of an employer. This means that individuals, such as corporate officers, may be liable for FMLA violations. An employer remains covered until it no longer employs 50 employees for 20 workweeks in the current and preceding calendar years. B. Is The Employee Eligible? Even if you meet the coverage test, not all of your employees are eligible. An “eligible employee” is one who has been employed:

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