ADMINISTERING THE FAMILY MEDICAL LEAVE ACT (FMLA)

Prior to the passage of the FMLA in 1993, American workers had few options when they needed extra time off from work due to their own serious medical conditions and accidents – or those of immediate family members. In fact, workers often had to use up all their vacation and sick leave benefits, if entitled to any, and then worry about their job security if they needed more time off. (However, eligible women could seek the special help offered by the 1978 Pregnancy Discrimination Act). 
Fortunately, the Family Medical Leave Act is still helping many 21stcentury workers address critical family caregiving duties and remains one of the signature pieces of legislation from the Clinton era.
Here’s a brief overview of specific provisions of the act that can help your qualified workers.
What basic opportunities does the FMLA offer qualified employees?
If a worker meets the minimum qualifications referenced below, it’s possible to take up to twelve (12) weeks of unpaid leave during a calendar year to take care of seriously ill family members, new children or the individual’s own major medical condition.
In 2008, the Family Medical Leave Act was updated so that qualified workers could also take time off work to take care of immediate family members who became very ill (or were seriously injured) while serving in the military.
The FMLA guarantees that qualified workers can take the extended time off work without having to worry about losing their jobs, their seniority or their employer-provided health care insurance.
Which types of employees are qualified to use the FMLA?

• Those who have employers with 50 or more workers on the payroll for at least 20 workweeks during the preceding or current calendar year.A worker may still qualify even if all the 50 workers aren’t working at the same site – if they work within a 75-mile radius of one another;
• Those who have worked for their employer for a minimum of 12 months, for a total of at least 1,250 hours. This means that many part-time workers may not qualify for FMLA leave. However, there are special rules that may apply to workers who are teachers, are highly paid – or are flight crew members of airlines;
• Employees taking time off from jobs to handle their own “serious health conditions” – or those of covered family members. This time may also be used to take care of a new child or a servicemember in the immediate family who has been wounded.

Note:  Now that same-sex marriage is legal in all 50 states, LGBT (lesbian, gay, bisexual and transgender) individuals can also qualify like other workers to take care of their family members.
General questions often raised about the FMLA by employers and employees
Question 1:   Can the leave time requested be intermittent during a calendar year?
Answer 1:     Yes, if all the time that’s taken is counted toward the maximum amount of time off
                     allowed (12 weeks).
Question 2:  What government agency oversees and administers the FMLA for all federal
                     employees – as well as all state and local government workers and private
                     employees?
Answer 2:   The U. S. Department of Labor’s Wage and Hour Division. This is noted in Fact
                   Sheet #77B entitled, “Protection for Individuals Under the FMLA.”
Question 3: Are all workers qualified to take time off from their jobs under the FMLA entitled
                     to receive pay while away from work?
Answer 3:    No. The FMLA doesn’t require employers to pay qualified employees while they’re
                    taking this type of leave. However, it’s up to your employer to let you make a claim
                    for regular vacation time, sick leave or annual time off.
Question 4: Can a qualified worker ever be granted more than 12 weeks of paid or unpaid
                     FMLA leave in one year?
Answer 4:   An exception only exists for qualified family caregivers of wounded
                    servicemembers. They’re allowed to take up to 26 weeks off from their jobs in a
                    given calendar year.
Question 5: Can a qualified worker request more than 12 weeks off under the FMLA to take care
                    of a newborn – or a newly adopted child?
Answer 5:   In general, the answer is “No.” However, individual states can pass their own
                   versions of the FMLA and provide somewhat different benefits. To date, the Texas
                   Workforce Commission says that Texas has not passed such legislation.
Although the Family Medical Leave Act is a straightforward piece of legislation, it’s been updated with new rules and regulations and interpreted by the courts. Therefore, it’s usually wise for employers to ask their Houston employment lawyer for help if they have any specific questions about properly handling FMLA issues.
Please feel free to contact Murray Lobb so we can help explain any specific aspects of the FMLA to you as you provide its benefits to your employees. We’re always available to research any questions you may have.

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