What is FMLA?

FMLA stands for the Family and Medical Leave Act, a federal law enacted in 1993 that allows eligible employees up to 12 weeks of unpaid, job-protected leave in certain situations related to health and family, such as injury or illness.

The act requires employers to maintain group health insurance coverage and restore the employee to the same or an equivalent position after leave.

The FMLA applies to public agencies, schools, and private employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year, provided the employee meets eligibility requirements.

“The biggest FMLA mistakes I notice aren’t intentional. Rather, they happen when managers treat leave requests as routine scheduling issues instead of protected rights. Situations like intermittent leave, pregnancy complications or military caregiving require extra care and involving HR early can prevent costly missteps.”

—Jennifer Ghoshray, LL.M.

Basics of the benefits of FMLA

An employee qualifies for protected time off under FMLA if they have worked at least 12 months, completed at least 1,250 hours in the prior 12 months, and work at a location with 50 employees within 75 miles. Employees are entitled to FMLA leave even if they do not specifically state that they are taking “FMLA leave.”

While the time off employees receive from FMLA is straightforward, the situations that qualify can seem complicated to new managers. Protected employees can take up to 12 weeks of consecutive or non-consecutive FMLA leave in 12 months for any of these reasons:

• Birth, adoption or foster care placement of a child within 12 months of birth or placement
• Serious health conditions affecting the employee
• Needing to care for a family member with a serious health condition
• Needing to care for a covered service member with a serious injury or illness, or for certain military-related qualifying exigencies

Best practices for managers

Managers should help identify potential FMLA situations and ensure the employer follows the required notice procedures. They may also be required to navigate company policy, in addition to federal labor laws, to help determine whether a leave request may qualify for protected leave.

Managers help verify that employees receive the support they are entitled to and that operations run smoothly while an employee is taking their leave.

Here are some of the best practices for managers when they think an employee may be eligible for FMLA:

• Reviewing the facts
• Understanding company procedure
• Responding to requests promptly
• Communicating with human resources
• Redistributing employee responsibilities

Reviewing the facts

Promptly assess all potential FMLA situations, even if a formal request hasn’t been made. This includes any time you become aware of a medical condition or family emergency that may qualify for protected leave. Review the facts of the situation and consult the list of qualifying reasons under the FMLA.

To be eligible, an employee must:

• Have worked for your company for at least 12 months
• Have logged at least 1,250 hours during the previous 12 months
• Work at a location where your company has 50 or more employees within a 75-mile radius

It’s important to document your evaluation process and clearly communicate next steps with the employee to support compliance and consistency.

Understanding company procedure

Each company may have its own policies and procedures for processing an employee absence request. For example, some companies may require medical or other certifications, such as an official certification of FMLA leave. Others may require that an employee use accrued paid leave concurrently with FMLA leave.

Employers and managers can spend time learning how your company tracks leave requests and any other policies related to employee leave.

Responding to requests promptly

Unless an urgent situation arises, employees are expected to give 30 days’ advance notice if they plan to take FMLA leave. If an emergency does occur, they are still eligible for FMLA, and their manager may promptly initiate the process for reviewing the leave request.

Responding to employee requests in a timely manner helps verify they receive their benefits and that your organization is complying with federal law. Whether a request is approved or denied through the appropriate process, managers may communicate the outcome to employees as quickly and clearly as possible.

Communicating with human resources

Notifying your human resources department about a potential FMLA situation is a key step in managing leave requests and supporting compliance. FMLA includes specific rules and exceptions for certain categories of employees, such as key employees or employees in special circumstances, which can be complex for managers to interpret on their own.

If you’re ever unsure whether an employee may qualify for FMLA, consult with HR before taking action. Regular communication with HR supports that requests are handled consistently, records are properly maintained and all parties stay aligned on the employee’s rights and the employer’s responsibilities under the law.

Redistributing employee responsibilities

Once you are aware that an employee is taking FMLA leave, prepare to redistribute their responsibilities among other employees during their absence. Many companies may hire part-time or temporary workers to keep operations running smoothly while an employee is on leave. Create a plan to cover the employee’s work during their absence and to transition them back into their duties upon their return to work.

The Family and Medical Leave Act delivers unpaid, job-protected leave for serious health and family needs, preserving jobs and health benefits. By understanding eligibility, responding promptly, consulting HR and following best practices, you may support compliance and support for employees.