Employment Issues Under the Family and Medical Leave Act
Until the last decade, employers have faced few limitations on their efforts to regulate employee absenteeism and requests for time off. However, with the passage of the federal Family and Medical Leave Act ("FMLA"), the legal landscape has changed considerably.
The FMLA generally requires covered employers to provide up to 12 weeks of unpaid leave during a 12-month period to any eligible employee who needs time off for the following: 1) for a serious health condition of the employee that prevents him from performing the essential functions of his job, 2) to care for the employee's spouse, child, or parent where that family member has a serious health condition, 3) for the birth of a child of the employee, in order to care for the child, or 4) for the placement of an adopted or foster child with the employee. An employer may not terminate an employee for absenteeism during the pendency of his FMLA leave.
Although broad, the FMLA is not, however, without restrictions. An employee must provide the employer with reasonable notice of his intention to take FMLA leave. For foreseeable leave, an employee must provide at least 30 days' advance notice. For unforeseeable leave, an employee must provide notice as soon as practicable. An employer may require an employee to substitute any accrued paid vacation leave, personal leave, or sick leave for any part of the 12-week period. An employer may require certification from the employee's health care provider of the employee's need for FMLA leave. Additionally, the FMLA only covers employers with 50 or more employees, and only protects employees who have been employed with the employer for at least 12 months, and have worked at least 1,250 hours in the 12-month period immediately preceding the request for leave.
There are many other important issues under the FMLA, as well as other state and federal statutes related to employee leave. At the Moulton Law Firm, we have attorneys who specialize in employment law and can assist in better understanding and implementing the wide array of laws and regulations.
