Highlights
- The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for specific family and medical reasons.
- Businesses with 50 or more employees within a 75-mile radius are required to provide FMLA, while smaller businesses can choose to offer it voluntarily.
- EmPower HR provides expert guidance to help small businesses navigate the complexities of FMLA. Contact us to learn how we can help!
FMLA is a four-letter fire extinguisher: You hope you’ll never need it, but it’s essential to have one on hand in case of emergencies. This federal law protects your employees from losing their jobs due to unforeseen personal circumstances. Since FMLA can have a significant impact on your small business, employers must understand how it works to protect both themselves and their employees.
Whether or not your small business is subject to FMLA, it’s essential to be informed and compliant. To help you navigate FMLA, we’ve addressed the top questions small business owners commonly ask:
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. This allows workers to balance work and personal responsibilities without the fear of losing their jobs.
Who is eligible for FMLA?
To qualify for FMLA leave, employees must meet certain criteria, including:
- Working for the employer for at least 12 months
- Having at least 1,250 hours of service in the previous 12 months
- Working for an employer with 50 or more employees within a 75-mile radius
Covered reasons for FMLA leave
Employees can take FMLA leave for the following reasons:
- Serious health condition: Their own or a family member’s
- Birth, adoption, or foster care placement of a child
- Caring for a family member with a serious health condition
- Reasons related to a family member’s service in the military
The idea behind FMLA is that employees can prioritize their health and family needs with guaranteed job protection and continuation of benefits in their absence.
4 Top FMLA FAQs For Small Business Owners
The Family Medical Leave Act gives employees peace of mind while dealing with big changes in their personal life. But how does it work? Do you have to offer FMLA to your employees? See our top questions about FMLA for small businesses, answered.
1. Does the Family Medical Leave Act (FMLA) Apply to Small Businesses?
Not necessarily. FMLA applies to businesses with 50 or more employees within a 75-mile radius. This includes public, private, and nonprofit organizations.
It’s important to note that your business doesn’t need to have 50 employees at the time an employee requests FMLA leave. Rather, you must have had 50 or more employees in 20 or more workweeks in the current or previous year. Additionally, part-time employees must be counted for FMLA purposes.
FMLA for small businesses under 50 employees
While businesses with 50 or more employees are required to comply with FMLA, smaller businesses with fewer than 50 employees can voluntarily offer FMLA. However, it’s not a legal requirement.
Special considerations
- Integrated employees. If your business has multiple branches or locations within a 75-mile radius, you may need to comply with FMLA, even if each individual location has fewer than 50 employees.
- Joint employers. If you use a staffing agency or similar arrangement, you may be considered a joint employer and responsible for FMLA compliance.
To determine your specific obligations, consult with an HR professional or legal expert.
2. When do employees become eligible for FMLA benefits?
To be eligible for FMLA leave, an employee must meet the following criteria:
- Work for a covered employer: The employee must work for a company with 50 or more employees within a 75-mile radius.
- Be an eligible employee: The employee must have been employed for at least 12 months and have worked at least 1,250 hours in the previous 12 months.
- Use the leave for a “covered reason”, such as a serious health condition, the birth or adoption of a child, or caring for a family member with a serious health condition.
3. How Does FMLA Work?
Employees aren’t required to take their 12 weeks of FMLA leave all at once. They can use it intermittently or on a reduced schedule, depending on their specific circumstances:
- Intermittent leave: FMLA leave is taken in separate blocks of time due to a single qualifying reason. For example, an employee may take intermittent leave for all doctor appointments associated with treatment of serious health conditions (such as chemotherapy for cancer.)
- Reduced leave schedule: This enables employees to work fewer hours per day or week while still maintaining their jobs. An example of a reduced leave schedule is an employee who is recovering from a serious health condition and is not strong enough to work a full-time schedule.
4. Can An Employer Deny FMLA?
While employers are generally obligated to provide FMLA leave, there are specific circumstances under which they may deny a request:
- Invalid reason for leave request
- Failure to provide medical certification to support the FMLA request
- Insufficient notice
- Inability for an employer to fill the position if they have less than 50 employees. For employers with fewer than 50 employees, denying a leave request may be justified if it would cause undue hardship to the business.
- Employer doesn’t meet FMLA criteria
If your employee falls ill long-term, it’s essential to have a contingency plan in place. While the FMLA can provide temporary relief, businesses should be prepared to address potential challenges, such as increased workload or staffing shortages.
How EmPower HR Can Help
Handling FMLA compliance can be tricky. It’s the Rubik’s cube for taking time off! However, with the right guidance, it doesn’t have to be a headache.
At EmPower HR, we are ready to help you navigate the complexities of FMLA and ensure your business stays compliant. Our experts in employee compliance and risk management can help you assess eligibility, manage leave requests, keep you up to date with the latest FMLA regulations, and streamline the entire admin process for you.
Ready to simplify FMLA compliance for your small business? Contact us today to learn how we can help.