Family Medical Leave Act is one of the many federal laws applicable to government contractors.
Employers subject to federal Family Medical Leave Act:
- private employers with at least 50 employees
- local, state, and federal government agency employers regardless of size
- elementary and secondary schools regardless of size (special rules for local schools)
Employer obligations:
- continue employee health insurance (employee may be required to make normal contributions)
- return employee to same or nearly identical job after FMLA leave (exception for certain “key” employees)
- cannot hold FMLA leave against the employee in hiring, promotions or discipline
- respond to employee FMLA leave request within 5 business days
- give employee notice of specific employee rights and responsibilites along with employer’s leave eligibility response
- medical certifications may be required
Employee eligibility requirements:
- must have worked for employer at least 12 months (seasonal work can qualify)
- must have worked at least 1250 hours in the 12 months before take leave under Family Medical Leave Act
- must work at a location where employer has at least 50 employees within 75 miles of worksite
- special eligibility rules for airline flight attendants and flight crews
Family Medical Leave Act rules:
- up to 12 weeks unpaid FMLA leave in any 12 month period
- employee can use sick leave or vacation time along with FMLA leave to get paid for the duration of the paid leave benefits
- employer can require employee to use paid leave during FMLA leave
- use FMLA leave to care for spouse, child or parent who has serious health condition
- use FMLA leave for your own serious health condition when unable to work
What is considered a serious health condition?
- requires overnight stay in hospital or medical care facility
- incapacitates you or family member for more than 3 consecutive days and have ongoing medical treatment
- chronic condition that cause occasional periods of incapacity requiring treatment at least twice a year
- pregnancy including prenatal medical appointments, incapacity due to sickness, and medically required bed rest
Birth of a child:
- FMLA leave for birth of a child or for placement of a child for adoption or foster care
- men and women have same rights to FMLA leave to bond with child
- leave must be taken within one year of birth or placement
- leave must be taken as a continuous block of time unless employer agrees to allow intermittent leave such as part-time schedule
Military Family Leave:
- up to 26 weeks FMLA leave in a 12-month period to care for covered servicemember with serious injury or illness
- FMLA leave related to certain military deployments
Stepchildren and others included under FMLA:
- stepchildren and foster children
- legal wards (guardianships for minors)
- “in loco parentis” – those with day-to-day responsibilities to care for and financially support a child with no biological or legal relationship
For a summary of the Family and Medical Leave Act (FMLA) for employees, see the following guide:
Family and Medical Leave Act Employee Guide – United States Department of Labor
For detailed federal regulations implementing the Family and Medical Leave Act, , see Code of Federal Regulations (CFR):
Many states also have laws covering family and medical leave for employees working in that state. Contact Hindson & Melton LLC for assistance with your FMLA questions and compliance needs.
Karen S. Hindson August 10, 2012