Family Medical Leave Act (FMLA)

Updated as of July 25, 2024

Covered Employers

• Employers that employ 50 or more employees in 20 or more work weeks in the current or previous calendar year (private and public employers).

Eligible Employees

• Must work for a covered employer.
• Worked for the covered employer for at least 12 months and have at least 1,250 hours of service during the 12 months period immediately before taking FMLA.
• Employee must also work or have work assigned from a worksite that employs at least 50 employees within 75 miles of assigned worksite.

Qualifying Reasons for Leave

• Eligible employees can take up to 12 weeks leave in a 12-month period for:
  • Birth of a child or placement of a child for adoption/foster care.
  • Employee’s serious health condition including pregnancy and prenatal care.
  • Care for spouse, child or parent with serious health condition.
  • Care of a service member including exigency leave.

Serious Health Condition

• Illness, injury, impairment, or physical or mental condition.
• Involves inpatient care or continuing treatment by a health care provider; and
• Three or more consecutive, full calendar days and subsequent treatments.

Employer Notices

• FMLA poster must be posted in the workplace in places easily visible to employees.
• General Notice must be included in the Employee Handbook, Summary Plan Description, and Wrap document, if applicable.
• Eligibility notice needs to be provided the first time of leave in each 12-month period.
• Must be in language appropriate to the employee.
• Rights and Responsibilities must also be provided at time of FMLA leave.

Group Health Plan (GHP) Requirements While on FMLA

• Employer must maintain same coverage as active employees.
• Applies to major medical, dental, vision, prescription, and health FSA.
• Employees have the same HIPAA special enrollment rights as active employees.
• Employee may choose to drop coverage while on FMLA.
• Upon returning to work, employee must be restored to equivalent benefits, pay, and other terms and conditions of employment.

Payment of Premium

• Employer must offer at least two options for the premium to paid in these ways:
  • Prepay before leave commences (cannot be sole option).
  • Pay as you go, with after-tax dollars.
  • Catch-up when employee returns from leave.

Employer Can Terminate Coverage if More Than 30 Days Late

• Must give written notice to the employee at least 15 days before terminating coverage.
• Termination date must be at least 15 days after the date of the letter, unless payment has been received by a specified date.