The Family Medical Leave Act (FMLA) provides
for up to 12 weeks of unpaid leave each
year for any of the following reasons for eligible
employees:
-
For the birth and care of the newborn child of the
employee
-
For placement with the employee of a son or daughter for
adoption or foster care
- To care for an immediate family member (spouse, child,
or parent) with a serious health condition
- To take medical leave when the employee is unable to
work because of a serious health condition.
Most employers are required to implement the FMLA (with the
notable exception of employers who employ fewer than 50
employees). Employees who request FMLA may
take leave in increments of 1 hour.
How is the Year Defined
for FMLA?
For the purposes of the Family Medical Leave Act, the
employer may choose any of the following four methods for
defining a “year”.
-
The calendar year
-
Any fixed 12-month "leave year" such as a fiscal year, a
year required by State law, or a year starting on the
employee's "anniversary" date
-
The 12-month period measured forward from the date any
employee's first FMLA leave begins
-
A "rolling" 12-month period measured backward from the
date an employee uses FMLA leave
The employer must choose one method and make that method
known to employees in advance of an employee taking FMLA
leave. Otherwise, the employer is required
to offer employees leave under FMLA under the “year’ choice
that is most beneficial to the employee.
Employees
Eligible for the Family Medical Leave Act
To be eligible for Family Medical Leave Act time off, the
employee must:
-
Have worked for the employer for a total of 12 months,
and
-
Have worked at least 1,250 hours over the previous 12
months, and
-
Work at a location in the United States or in any
territory or possession of the United States where at least
50 employees are employed by the employer within 75 miles.
In addition, employers may designate certain highly
compensated, “key individuals” who are not eligible for
FMLA. The rules on this are strict, so pay
attention to all the required notices.
Simplifying Compliance with the Family
Medical Leave Act
WorkForce Software’s timesheet software simplifies the
compliance aspects of the Family Medical Leave
Act. By using our software, the
employees and the employer get a straightforward solution to
handling the complex details of tracking FMLA. Here is a summary of how our time and attendance
solution accomplishes this:
| Problem |
Solution |
Employees need to submit FMLA requests
|
Our software permits employees to make requests
for FMLA and other types of time off online. Requests are routed to managers and/or HR for
approval.
|
Employees need to submit documentation and fill
out forms for FMLA leave.
|
Our software can notify the HR department
electronically whenever an employee requests FMLA
leave. The necessary forms can then
be delivered to the employee, electronically if desired.
|
There are 4 different methods for choosing a
“calendar year”, some of which are very difficult to
track manually.
|
The WorkForce Software solution will allow you
to select any of the 4 approved methods for choosing a
calendar year.
|
Only employees who worked 1250 hours last year
are eligible. Tracking this is
difficult.
|
The WorkForce Software timesheet system will
automatically check to see if employees are eligible for
FMLA. If an employee attempts to take
FMLA without the required 1250 hours, they will be
warned immediately.
|
Sick time must be used in conjunction with
FMLA.
|
Some employers choose to require employees to
take paid sick leave for any FMLA events so that
employees cannot take more than 12 consecutive weeks
off. Our software provides mechanisms
to automatically use sick time (paid) before FMLA leave
(unpaid).
|
By using the WorkForce Software solution, you will
dramatically lower the cost of complying with the Family
Medical Leave Act as well as other labor laws. Please contact
us for more details.
FMLA References
Official information on the Family Medical Leave Act can be
found at the Department of Labor. We
recommend you refer to the following bulletins and information
sources for more information:
For an overview of all information available, see the Family
Medical Leave Act Home Page at the US Department of
Labor.
The Department of Labor also provides a FMLA Solution Sheets that provides a summary of
the Family Medical Leave Act.
Employers should refer to the FMLA Compliance Guide for information on
rules that they must comply with.
Those comfortable with reading long, legal documents will
appreciate the text of the Family Medical Leave Act that was passed by
Congress as well as the Code of the Federal Regulations that
implements the Family Medical Leave
Act.
Notice: The information above and the references are provided
“as-is” without any representation as to their accuracy or
applicability to your specific situation. We recommend that you seek competent legal advice for
all employment issues. |
