As an employer, it is extremely important to be aware of the provisions of the Family and Medical Leave Act of 1993, more commonly known as FMLA. This act covers many important life events, including family illness, pregnancy, adoption and family military leave.
Here is a summary of the things you need to do when one of your employees request for an FMLA leave.
Determine Eligibility
Upon receiving the request, it is vital that you determine your employee’s eligibility for the leave. Your response must be given within five business days of your receipt of the request. Generally, an eligible employee is one who has been working for you for at least twelve months and has put in at least 1,250 hours in those months.
Rights and Responsibilities
If your employee is eligible, you must provide him or her with a notice that includes his or her rights and responsibilities under the FMLA Act. Remember that your employee need not state the FMLA outright in the request. However, if he or she is eligible for a leave under this act, it is important that you make him or her aware of the provisions of the act.
Determine FMLA Designation
Once you have determined that your employee is eligible and have made him or her aware of his or her rights and responsibilities, you may then notify him or her whether or not has been designated under the FMLA. You may have to request documents from your employee to determine whether the leave can be FMLA designated.
Monitoring and Job Return
Finally, you must make arrangements with your employee for communication and monitoring during the course of their leave. This is also so you can make preparations for their return to their job. By law, you as an employer are required to return them to the same or a similar job at the end of their leave.
If you need more information on FMLA, do contact a lawyer who specializes in laws involving employment.
