The Family and Medical Leave Act allows employees to take 12 weeks of unpaid, job-protected leave for certain circumstances. This helps to protect employees from losing their job due to the inability to work over a given period. The Family and Medical Leave Act (FMLA) is similar to the California Family Rights Act (CFRA). CFRA applies to those in the state of California. FMLA is a federal law that applies to the entire U.S. While these two acts share several similarities, there are also stark differences that are important for employers and employees to understand.
Who Is Covered?
Unlike CFRA, which can be used by employees who work under an employer with five or more employees, FMLA applies only to private employers that have over 50 employees and the employer is within a 75-mile radius. To qualify, an employer has to work for their employer for at least one year with a minimum of 1,250 hours accrued.
What Does FMLA Cover?
The Family and Medical Leave Act provides employees with up to 12 weeks of leave for certain qualifications. These qualifications share similarities with CFRA but do have different eligibility requirements. FMLA covers leave for circumstances such as:
- Caring for a spouse or child that has a serious health condition. It is important to note that one of the largest differences between FMLA and CFRA is that CFRA extends this covered eligibility to registered domestic partners, siblings, and grandparents.
- An employee who needs time off to deal with a serious health condition
- The arrival of a new child, including the birth of a child, an adoption, or a foster placement
- Pregnancy
- Military-related qualifying exigencies such as spending time with an active family member on short leave for different branches of the Armed Forces
- FMLA can also allow for up to 26 weeks of leave to care for a family member who is or was a service member that has a serious illness or injury
It is important to note that for circumstances that qualify for both CFRA and FMLA, the employee is still only limited to 12 weeks of leave. The only circumstances where this could be different is if an employee takes CFRA leave for a non-FMLA qualifying reason. This could be taking time to care for a domestic partner with a serious medical condition which is covered under CFRA but not FMLA. If that same employee were to take FMLA for a completely separate eligible reason, that would be legally acceptable.
What Is Considered a Serious Health Condition?
A serious health concern involves a list of different illnesses, injuries, impairments, and physical or mental conditions. These conditions often cause or require:
- Ongoing treatment under the supervision of a medical professional for a chronic or long-term condition that is deemed incurable
- Any period for necessary treatment or inability to work in connection with or following some form of inpatient care
- Any period that would require at least three consecutive days’ break from regular activities such as working or going to school
- Any restorative plastic surgery or dental work that is associated with a serious accident or injury
Employer and Employee Obligations Under FMLA
As an employer in the United States, you must provide information about FMLA to your employees. This can be something as simple as an informative poster that is placed in an area that experiences a lot of employee foot traffic and is clear to see. This protects an employer from having an employee try to argue that they were unaware of their rights when it comes to job-protected leave.
Employers can require a 30-day notice for employees seeking FMLA. With that in mind, it is important to realize that in some circumstances, they may not be practical. In most instances, the earliest date possible is acceptable given the circumstances of the situation. This allows the employer to have the time to plan around the employee’s leave.
When seeking FMLA, employees will need to submit their requests in writing or verbally as soon as it is practical to do so. Employers also have an obligation to respond to the request as quickly as possible. Most time-off requests of this nature should be answered within five business days.
Employers also have the option of requiring employees to provide written certification from their healthcare provider. This provides detailed information concerning the necessity of leave, as well as the predicted length of leave required. Medical professionals will not disclose the detailed information of the condition without the employee’s consent.
Salary and Benefits
An employee seeking FMLA is not obligated to be paid by their employer during this length of time. For employers, it is important to understand what you are legally obligated to provide for your employee while they are on leave. As an employer, you are required to hold the job position or one comparable for the employee upon return. This includes the employee’s right to hold their level of seniority and other work benefits. You are also required to continue to provide benefits such as health care if using a group plan. Employers have the right to request that employees use any accumulated vacation time or other paid leave first.
Returning to Work Under FMLA
The Family and Medical Leave Act was created to help protect an employee from losing their job if an extended leave became necessary. It is important for employers to understand that they are obligated to provide job protection when this method of leave is used. An employee is guaranteed to return to their previous position or one that is comparable. Comparable employment would include aspects such as the same status, work hours, location, benefits, and working conditions.
Additional Questions or Concerns?
Fully understanding the compliance laws for FMLA can be difficult. As an employer, you want to provide your employee with all benefits and leave that is available to them, but you also need to be sure to protect yourself with a Fresno FMLA attorney for employers. If you have questions or concerns about FMLA compliance in your workplace, the professionals at Fishman, Larsen, and Callister can help. Contact us about protecting your rights when it comes to FMLA.