Lesson 3: Family and Medical Leave Act (FMLA)

In this section you will read about the Family and Medical Leave Act (FMLA).

In the State of Missouri, the Family and Medical Leave Act was enacted in 1993. Employers are required to post notices regarding FMLA to employees. This notice can be posters that are in a common area of the workplace, in the employee handbook, or might be electronically sent out. Look around your place of business to find where your notice is located.

So, let’s get into it. What does FMLA do?

Qualifying Situations:

•        Health Condition of the Employee that makes them unable to work.

•        Care of Employee’s spouse, child, or parent who has a serious condition.

•        Birth, Care of, or adoption/placement of a child.

•        Spouse, Child, or Parent is on active duty with a military operation.

To qualify, employees must work for a covered employer (private employers with 50 or more employees, public agencies, or schools), have worked for at least 12 months, and have logged at least 1,250 hours during the previous year.

While FMLA leave is unpaid, employees may use accrued paid leave (such as sick or vacation time) concurrently. Employers must maintain group health insurance benefits during the leave and restore employees to their same or equivalent positions upon return.

Something to remember is that no two FMLA situations are the same. Someone may be placed on intermittent FMLA where they are able to take a day off periodically for an assigned length of time. The type and duration of FMLA should be considered with the head of Human Resources.

Scenario:

Lauren is a hard worker and has worked at her job for 20 years. Lauren lives with her ailing mother. When her mother took a turn for the worst, Lauren missed days of work. Lauren doesn’t want to lose her job but doesn’t know how to balance the care her mother needs and working. What is your suggestion?

Steps to providing support:

1.        Support Lauren in talking to her immediate supervisor about the situation she is experiencing at home. Her supervisor may be able to make workplace accommodation for her.

2.        If accommodation is not feasible, ask human resources if Lauren’s situation would qualify for FMLA.

3.        Assist Lauren with filling out the required documentation. HR should be able to provide documentation but if not, you can find the forms here: https://www.dol.gov/agencies/whd/fmla/forms

4.        Support Lauren in asking relevant questions like: How will she be notified if her request is approved?

5.        Provide follow-along support to Lauren during her FMLA and remind her of any documentation or procedures needed to come back to work.

Summary:

The Family and Medical Leave Act was created to provide employees with assurance of continued employment if a significant life event occurs. Many employees are not aware of FMLA or how it can be used. Important take aways are that FMLA is not necessarily paid leave of absence. It is a guarantee that the worker will have the same or an equivalent job to come back to. The length of time can be up to 12 work weeks, but FMLA is determined on a case-by-case basis and length of absence can vary. As an employment supports specialist it is imperative that you help those you support advocate for themselves and know the resources that are available to them.