The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year to care for a seriously ill family member, to bond with a newborn or adopted child, or to recover from their own serious illness. The FMLA also requires employers to provide eligible employees with job protection during their leave.
Who is Eligible for FMLA Leave?
To be eligible for FMLA leave, an employee must have worked for their employer for at least 1,250 hours in the 12 months preceding their leave request. Additionally, the employee must work at a location where there are at least 50 employees within a 75-mile radius.
What are the Qualifying Reasons for FMLA Leave?
There are five qualifying reasons for FMLA leave:
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To care for a seriously ill family member: A family member is defined as a spouse, child, parent, or in-loco parentis relationship. A seriously ill family member is defined as an individual who is unable to perform the essential functions of their job or attend school due to a serious health condition.
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To bond with a newborn or adopted child: An employee can take FMLA leave to bond with a newborn or adopted child during the first year after the child’s birth or adoption.
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To recover from their own serious illness: An employee can take FMLA leave to recover from their own serious illness if the illness makes them unable to perform the essential functions of their job.
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To care for a spouse who is serving in the armed forces: An employee can take FMLA leave to care for a spouse who is deployed on active military duty or who is hospitalized as a result of an injury or illness incurred while on active duty.
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To care for a family member who is a covered servicemember: An employee can take FMLA leave to care for a family member who is a covered servicemember. A covered servicemember is defined as an individual who is a member of the National Guard or Reserves who is called to active duty for more than 30 days.
What are the Employee’s Responsibilities During FMLA Leave?
An employee who takes FMLA leave must notify their employer of their leave request as soon as possible. The employee must also provide their employer with a medical certification from a healthcare provider that documents the qualifying reason for their leave.
What are the Employer’s Responsibilities During FMLA Leave?
An employer must provide eligible employees with up to 12 weeks of unpaid leave per year. The employer must also provide eligible employees with job protection during their leave. This means that the employer must restore the employee to their same or equivalent job when they return from leave.
How Can Deerfield Advisors Help You?
Deerfield Advisors is an independent insurance agency that can help you comply with the FMLA regulations. We can help you develop FMLA policies and procedures, train your managers on FMLA, and provide you with assistance with FMLA leave requests.
Contact Deerfield Advisors Today
If you are an employer in Houston, TX, and you have questions about the FMLA, please contact Deerfield Advisors today. We can help you understand your obligations under the law and ensure that you are in compliance.