Subscribe

By: James Hart

Print this Page

July 21st, 2016

How to tell if you are eligible for FMLA

FMLA

 

FMLA_Emblem_Hand.jpgThe Family Medical Leave Act is a form of unpaid job protection that allows employees to take time off for specific family-related medical reasons. This is sometimes confused with the Americans with Disabilities Act which protects the rights of people with disabilities IN the workplace, such as proper dietary and physical accommodations.  

To begin your employeer must meet fmla compliance rule if:

  • The employer is one who employs 50 or more employees within a 75-mile radius of the worksite

To be eligible for the coverage itself an employee must meet these two requirements.

    • The employee must have been employed with the company for 12 months
  • The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave

If these three requirements are met then you are on your way to figuring out if you're eligible. Keep in mind that FMLA is not required to be paid leave, an employer may elect to pay a percentage of pay for a period of time but they are not required. FMLA is job protection, while on FMLA leave your position cannot be terminated and cannot be changed.

Next, you need to find out if your leave-situation qualifies you for FMLA. Findlaw.com outlines the basic reasons for leave as such.

  • To prepare for the birth of a son or daughter
  • To care for a newborn child
  • For adoption or foster care placement of a son or daughter
  • To care for a spouse, son, daughter, or parent with a serious health condition
  • To take care of the employee's own serious health condition
  • To transition employees or spouses who are called to active duty

This is a simple breakdown of types of FMLA coverage but it merely scratches the surface. For more information on the topic of FMLA check out the Family and Medical Leave Act Employee Guide

 

For more information on fmla software and fmla administration click HERE!

 

 

 

Sources:

 FMLA Eligibility

Family and Medical Leave Act Employee Guide

About James Hart

James serves as Benetech's New Client Training Consultant for Benetech's BenAdmin and Workforce systems. Offering the Millennial perspective, James shares key insights and opinions of the fastest growing generation in today's workforce.

  • Connect with James Hart

Before you leave...

leadmagnetImageALT

Mistakes are expensive, especially when building benefit plans.

We've outlined the 3 most common mistakes employers make when offering benefits in a quick ebook. Get your copy free when you subscribe to our blog.

Before you leave...

Mistakes are expensive, especially when building benefit plans.

We've outlined the 3 most common mistakes employers make when offering benefits in a quick ebook. Get your copy free when you subscribe to our blog.