FMLA is a Federal law that was passed in 1993 and amended a good bit after that point. If an employer is required to adhere to this law, then qualified employees must be given up to 12 weeks of unpaid leave to take care of their own serious health condition, the serious health condition of a family member, and some other situations involving military service of a qualified employee’s family member.
A study by the DOL suggests that 1/3rd of all employers are required to provide FMLA benefits to qualified employees. The basic rule is that, if a company has 50+ employees for 20+ work weeks during the
current or prior year, then they must provide FMLA benefits to qualified employees. Public employees, as well as private elementary and secondary schools are also covered, and some other specific types of situations are covered as well.
If the company must provide FMLA benefits, the question becomes which employees are covered? The basic rule is that an employee must have been employed for at least 12 months, working at least 1,250 hours during the prior 12 months, and the employer must have had at least 50 employees within 75 miles of the employee’s particular work site. To say this is a moving target for most covered companies is an
The Canipe Law Firm, PLLC provides guidance to companies so that they can understand their obligations under FMLA and other relevant employment laws. This blog will give some high points, but if you have specific questions, please contact us to set up a meeting where we can address your concerns.