The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 workweeks of unpaid leave each year. In addition, employers must maintain employees’ group health benefits during the leave as if employees continued to work instead of taking leave.
Also, employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave.
This article will look at some of the details of this important employment law.
What is FMLA?
The FMLA is a federal law enacted in 1993 that entitles eligible employees of covered employers to take unpaid, job-protected leave for certain family and medical reasons.
How does FMLA work?
Eligible employees are allowed to take 12 workweeks of leave in a 12-month period for any of the following reasons:
- The birth of a child and to care for the newborn within one year of birth;
- The placement with the employee of a child for adoption or foster care and to care for that child within one year of placement;
- To care for the employee’s spouse, child, or parent who’s experiencing a serious health condition;
- An employee’s own serious health condition that makes him or her unable to perform the essential functions of his or her job;
- Any qualifying emergency or urgent need stemming from the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty” ;
- Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury, or illness if the eligible employee is the servicemember’s spouse, child, parent, or next of kin (known as “military caregiver leave”).
Who’s Eligible for FMLA?
The eligibility requirements are the same for all employees, no matter the reason for the requested leave. There are four elements that an employee must satisfy to be eligible for FMLA. The employee must:
- Work for a covered employer (see below);
- Have worked for the employer for at least 12 months as of the date the FMLA leave is to begin;
- Have at least 1,250 hours of service for the employer during the 12-month period immediately prior to the date the FMLA leave is to begin; and
- Work at a location where the employer employs at least 50 employees within 75 miles of that worksite as of the date when the employee gives notice of the need for leave.
To What Employers Does the FMLA apply?
The FMLA applies to all:
- Public agencies, such as all local, state, and federal employers, and local education agencies (schools); and
- Private sector employers who employ 50+ employees for at least 20 workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.
Can an Employer Deny FMLA?
Yes, in some situations—mainly because the employer or the employer doe not meet the eligibility criteria.
An employer can deny FMLA leave for non-qualified events or for employees who aren’t covered. So, employees who work for a covered employer but don’t qualify for FMLA may be denied FMLA leave. Again, in order to qualify for benefits, an employee must be employed with the company for at least 12 months and worked for at least 1,250 hours during the 12 months prior to the leave. The employee must also work at a location with 50+ employees or with 50 employees within a 75-mile radius.
In addition, private sector employers aren’t required to provide FMLA benefits if they have fewer than 50 employees. As a result, an employee who would otherwise be eligible for FMLA can be denied if his or her employer isn’t required to offer the benefits.
How Does the Law Protect Someone under the FMLA?
The FMLA protects a covered employee from harassment, discrimination, or interference from employer for requesting time off. An employer is prohibited from interfering with, restraining, or denying the exercise of FMLA rights, retaliating against the employee for filing a complaint and cooperating with the U.S. Department of Labor Wage and Hour Division (WHD), or bringing private action to court.
In addition to this protection from any form of workplace retaliation or discrimination resulting from an employee’s leave, an employer is required under the FMLA to do the following:
- Reinstate the employee to his or her same position or a comparable position when he or she returns to work after their leave; and
- Maintain the employee’s group health benefits while they are on leave.
An employer who doesn’t reinstate a returning employee is in violation of the FMLA and is liable for lost wages. If an employer cancels the employee’s benefits illegally while he or she is on FMLA leave, the employer may be required to pay for damages resulting from the lack of health care coverage.
What Should I Know About Hiring Minors For Seasonal Work?
Employers should know that the U.S. Department of Labor allows children who are 14 or 15 years of age to be employed outside of school hours in a variety of non-manufacturing and non-hazardous jobs for limited periods of time and under specified conditions. Note that any work not specifically allowed for 14- and 15-year-olds, as listed in the Department’s child labor regulations, is strictly prohibited.
However, youths who are 16 or 17 may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor. When a youth reaches the age of 18, he or she is no longer subject to the federal youth employment provisions.
Minors hired for seasonal work most likely would not be eligible for FMLA because the positions are seasonal in nature and would not satisfy the 12-month requirement.
About the Author: Kurt R. Mattson is the President of Union Legal Research. He has spent more than 30 years in the legal services industry as a research attorney, writer, editor, and marketer.