Family Medical Leave Act (FMLA)
FMLA at a Glance
Enacted in 1993, the Family and Medical Leave Act (FMLA) offers employees three types of job-protected leave during a 12-month period:
- up to 12 weeks of leave for family or personal medical reasons,
- up to 12 weeks of leave for hardships caused by a family member’s military active duty (or call to active duty), and
- up to 26 weeks of leave to care for a seriously ill or injured family member.
Am I a Covered Employer?
Workers are only eligible for FMLA leave if their employer meets qualification for FMLA coverage. FMLA-covered employers include public agencies (such as state, federal and local governments and local schools) and private sector businesses employing 50 or more workers for at least 20 workweeks in the current (or preceding) calendar year.
Are My Employees Eligible?
Workers employed by a FMLA-covered employer must meet two criteria to be eligible for FMLA leave:
- they worked at least 1,250 hours for the employer during the previous 12 months, and
- they work at a location where 50 or more workers are employed on-site or within 75 miles.
If employees meet the criteria and their reasons for taking leave are considered FMLA-qualified, employers are obligated to grant leave.
Nursing homes participating in Medicare or Medicaid can help ensure their highest staffing star rating by using a time and attendance system to capture and report accurate staffing hours on form CMS-671
Many companies use interns to provide an educational opportunity for young people and to recruit future employees. Make sure your company understands the FLSA criteria for paid and unpaid internships and how to comply