Employers must have some understanding of the Family and Medical Leave Act (FMLA) to maintain a compliant and fair workplace. The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. However, for employers, navigating these guidelines can feel daunting, even if you mean well.
What are the key FMLA regulations you need to know? Can an employer deny FMLA leave? What if you have fewer than 50 employees or an employee refuses to complete FMLA paperwork? This blog will break down the main FMLA guidelines for employers and provide clarity on these common concerns.
What Does the FMLA Cover?
The FMLA was enacted to help employees balance their work responsibilities with their personal and family needs. According to the U.S. Department of Labor, 56% of U.S. employees are eligible for FMLA. It applies to employers with 50 or more employees within a 75-mile radius and covers a range of qualifying events, including:
- Serious health conditions: This applies to the employee or a family member, such as a spouse, parent, or child.
- Childbirth and newborn care: Parental leave for childbirth or caring for a newborn within the first year.
- Adoption or foster care placement: Time to bond with a child placed through adoption or foster care.
- Military caregiver leave: To care for an injured or ill service member who is a family member.
Understanding these FMLA-qualifying events is the first step toward ensuring you manage requests lawfully.
Can an Employer Deny FMLA Leave?
The short answer is yes, but only under specific circumstances. Employers can deny FMLA leave if the employee does not meet the eligibility requirements. For instance, if the employee has not worked for you for at least 12 months, or has not completed 1,250 hours of service in the 12 months before the leave, you may deny their request. Additionally, if you have fewer than 50 employees, the FMLA may not apply to your business.
However, even if an employer is legally able to deny FMLA leave, doing so without fully understanding the implications can lead to complaints or legal actions. This is why reviewing each request carefully and consulting with legal experts is highly advised.
Related Article: Can an Employer Ask For Proof of a Family Emergency?
FMLA Regulations for Employers with Fewer Than 50 Employees
If your business has fewer than 50 employees, you might think you’re exempt from FMLA requirements. While the law technically does not apply to businesses of this size, many states have their own family leave laws that may require compliance. It’s important to check local regulations to see if there are any family leave mandates that could impact your business.
“Employers with fewer than 50 employees often overlook state-specific family leave laws, assuming they are exempt. This can lead to costly misunderstandings and potential legal challenges.”
– Eliot Krieger, Managing Partner, SKT Law
FMLA Before 12 Months of Employment
A common question employers have is whether FMLA can be applied to employees who have not completed 12 months of service. The simple answer is no; employees must have worked for at least 12 months to qualify. However, the 12 months do not need to be consecutive; gaps in employment can still allow an employee to qualify if they have accumulated 12 months of work over time.
Employers should clearly communicate these eligibility requirements in their employee handbooks and during onboarding to avoid misunderstandings when a leave request arises.
What If an Employee Refuses to Complete FMLA Paperwork?
Employers sometimes face the issue of an employee who needs leave but refuses to complete FMLA paperwork. In these cases, employers have the right to deny FMLA leave. It’s necessary to document all communications about the leave request and the need for completed paperwork to protect your business legally. Providing the employee with clear instructions and timelines for submitting paperwork is also necessary to prevent disputes.
FMLA Exceptions and Special Circumstances
Certain exceptions to FMLA rules can apply, adding more complexity for employers:
- Key employees: High-level employees whose absence would cause substantial economic harm to the company may not have the same job restoration rights under FMLA.
- Intermittent leave: Employees may take FMLA leave intermittently, which can complicate scheduling and resource allocation.
- Light duty: If an employee is returning from FMLA leave on light duty, you are not required to hold their job open indefinitely.
Understanding these nuances can prevent mistakes and ensure that your business remains compliant.
Why Legal Guidance is Important for FMLA Compliance
FMLA regulations are complex, and non-compliance can lead to employee grievances, legal claims, and significant financial penalties. Ensuring you’re following both federal and state laws requires thorough knowledge and often expert guidance. At SKT Law, we specialize in helping business owners navigate FMLA regulations, understand exceptions, and create compliant policies.
Related Article: What to Do When Facing a Healthcare Lawsuit or Investigation
How SKT Law Can Help
If you’re an employer trying to understand your obligations under the FMLA, or if you’re facing an issue related to FMLA compliance, SKT Law is here to help. We offer comprehensive consultations to guide you through the intricacies of FMLA guidelines and ensure your business is on solid legal ground.
Schedule a Free Consultation Today
Don’t let FMLA compliance become a stumbling block for your business. Schedule a consultation with SKT Law today to receive expert advice and support in managing FMLA leave requests and building clear policies. Our experience in employment law helps you protect your business while maintaining a fair and compliant workplace.