Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 work weeks of unpaid, job-protected leave a year, and requires group health benefits to be maintained during the leave as if the employees continued work instead of taking leave. HR Managers often name FMLA issues as their top headache. These resources can help you manage leave under FMLA.
Compliance Guide
This guide from the U.S. Department of Labor provides a general overview of FMLA provisions including employee eligibility requirements and to which employers the law applies.
View compliance guide »
Regulations
This DOL site presents the FMLA regulations in an easy to digest format and answers questions.
View regulations »
FAQs
Some of the most frequently asked questions include:
Maternity Leave Survey
This Fact Sheet from the Institute for Women's Policy Research presents findings from their survey of U.S. employers' family leave policies, including the percentage of private sector employers providing maternity, paternity, or adoption leave and whether the leave is paid or unpaid.
View survey »
Final FMLA Regulations
On November 17, 2008, the Department of Labor (DOL) issued final regulations regarding the FMLA. The regulations finalize the military related leave introduced in the National Defense Authorization Act of 2008. Additionally, the regulations include other changes and clarifications. An overview of those changes is below:
- Military caregiver leave is finalized. An eligible employee is entitled to up to 26 weeks of leave to care for a family member who is a covered service member who has experienced a serious injury or illness due to active duty.
- An eligible employee whose immediate family member is on active military duty is entitled to up to 12 weeks of leave for any qualifying exigency. Qualifying exigency is defined as short notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities and any additional activities upon which the employee and employer agree.
- The current definition of serious health condition includes an absence of three consecutive days and two visits to a healthcare provider. The new regulation clarifies that the two visits must occur within 30 days of the period of incapacity with the first visit occurring within seven days of the incapacity.
- An employee must notify the employer of the need for leave 30 days prior to the leave or the same day (or day after) the employee knows of the need for leave, whichever is earlier.
- An employer’s HR professional, leave administrator, or management official may contact an employee’s health care provider to clarify or authenticate the provider’s certification. An employee’s direct supervisor may not contact the provider.
- An employer must notify the employee of his/her eligibility and rights under FMLA within five days of the employee’s request.
- Employers with handbooks or written policies must include the provisions of the Notice to Employees of Rights under FMLA. If an employer does not have such documents, the employer must distribute the Notice to all newly hired employees.
The regulations include new forms including Certification Forms, Designation Notice, and a combined Notice of Eligibility and Rights and Responsibilities. Employers should amend their policies, handbooks, and forms prior to the law’s effective date of January 16, 2009.
Click here to view final rule »
Click here for more information »
FMLA Expanded to Include Military Related Leaves
On January 28, 2008, President Bush signed the National Defense Authorization Act for 2008 into law which immediately amended The Family and Medical Leave Act of 1993 (FMLA) to include two new military related leaves for service members and their families.
- Active Duty Leave requires eligible employers with eligible employees to provide up to 12 weeks of unpaid leave a year, as the time is related to an employee's service member spouse, child, or parent's active duty or impending call to active duty. This category of leave is not effective until final regulations are released. However, the Department of Labor encourages employers to comply in the interim.
- Caregiver Leave provides eligible family members (including a "nearest blood relative") up to 26 weeks of unpaid leave to care for a service member who has a "serious illness or injury."
Sample Forms
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