The Family and Medical Leave Act (FMLA) is a U.S. federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. It also ensures that employees retain their group health insurance coverage under the same terms and conditions as if they had continued working during the leave period.

FMLA Eligibility Requirements

To qualify for FMLA leave, an employee must meet the following conditions:

• Be employed by a covered employer (private employers with 50+ employees, public agencies, and public/private schools).
• Have worked for the employer for at least 12 months (non-consecutive months count).
• Have logged at least 1,250 hours during the 12 months prior to the leave.
• Work at a location where the employer has 50 or more employees within a 75-mile radius.

Qualifying Reasons for FMLA Leave

Eligible employees may take FMLA leave for the following:

• Birth and care of a newborn (within one year of birth).
• Adoption or foster care placement of a child (within one year of placement).
• Care for a spouse, child, or parent with a serious health condition.
• A serious health condition that prevents the employee from performing job duties.
• Qualifying exigencies due to a family member’s active duty military service.
• Military caregiver leave: Up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness.

How FMLA Affects Employee Benefits

Although FMLA leave is unpaid, it protects critical benefits:

• Health insurance coverage must be maintained under the same terms as active employment.
• Employees are entitled to return to their same or equivalent position, with the same pay, benefits, and working conditions.

Employees may use accrued paid leave (PTO or sick leave) during FMLA leave if the employer’s policies allow or require it.

Calculating FMLA Leave

FMLA leave is tracked over a 12-month period, which the employer may define using one of the following methods:

1. Calendar year
2. Fixed year (e.g., fiscal year or anniversary date)
3. Forward-looking 12 months from the first day of leave
4. Rolling 12 months measured backward from any day FMLA leave is taken

Required Documentation

Employers may request medical certification to validate the need for FMLA leave. Common forms include:

• WH-380-E: Employee’s serious health condition
• WH-380-F: Family member’s serious health condition

Employers may also request second or third medical opinions, and require recertification during extended leave.

Interaction with Other Leave Laws

FMLA can run concurrently with:

• Employer-provided paid leave
• State-specific family or medical leave laws

Where federal and state laws differ, the law that provides greater protection or benefit to the employee must be applied.

Employer Responsibilities Under FMLA

Employers must:

• Notify employees of FMLA rights and responsibilities through posted notices and written policies.
• Designate and track FMLA leave and inform employees of how it affects their leave entitlement.
• Maintain confidentiality of medical records.
• Reinstate employees to the same or equivalent position upon return.
• Provide continued health coverage during FMLA leave.

Legal Risks and Compliance Issues

FMLA non-compliance can lead to:

• Lawsuits for lost wages or benefits
• Liquidated damages
• Attorney’s fees and court costs
• Injunctive relief (e.g., reinstatement)

Improving FMLA Administration

To manage FMLA more efficiently, organizations should:

• Train HR and managers on FMLA rules and processes
• Offer clear and accessible leave policies
• Use standard forms and checklists for consistent administration
• Implement HR technology for tracking leave, deadlines, and certifications
• Foster open communication to support planning and minimize workplace disruption

Effective FMLA administration not only ensures compliance but also helps foster a supportive and legally sound workplace culture.