What is FMLA and Who is Entitled?
FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Group health insurance coverage continues under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to 12 weeks of leave in a 12 month period for:
1. The birth of a child and to care for the newborn child within one year of birth.
2.The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
3.To care for the employee’s spouse, child or parent who has a serious health condition.
4.A serious health condition that makes the employee unable to perform the essential functions of his or her job.
5.A qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:
1.Works for a covered employer
2.Has worked for the employer for at least 12 months
3.Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave
4.Works at a location where the employer has at least 50 employees within 75 miles
About 62% of workers qualify to take leave under FMLA.
Who is a Covered Employer?
The FMLA only applies to employers who meet certain criteria. A covered employer is a:
1.Private sector employer with 50 or more employees in 20 or more work weeks in the current or proceeding calendar year.
2.Public agency including a local, state or federal government agency, regardless of the number of employees it employs.
3.Public or private elementary or secondary school, regardless of the number of employees it employs.
If you are qualified as a covered employer, it is important that you have knowledgeable staff or associates working to make sure you follow FMLA rules and regulations.
How IAA can Help
IAA understands the burden and costs associated with trying to handle FMLA administration in-house.Hiring IAA can help:
•Employers are kept informed and updated on FMLA regulations.
•FMLA administration is centralized. For companies that have more than one location, this is especially important.
•FMLA compliance is ensured, thereby reducing the possibility of associated liability and violations with federal law.
•HR professionals are relieved from the FMLA burden and are now able to focus on other important business functions.
•IAA can help keep accurate records. IAA has programs that provide secure tracking of all reported leaves and with the ability to generate real-time reports, gives the employer the tools they need to proactively address absence-related productivity issues.
•IAA works with employers to ensure employee abuse of FMLA is reduced. If an issue is spotted, IAA will notify the employer.
IAA is here to help! If you are interested in learning more about how IAA can work with you on your FMLA administration, please reach out. Remember, with IAA one call does it all.