What to Say When Someone Is Leaving the Workplace

November 23, 2021

How Does FMLA Leave Work?

FMLA stands for Family and Medical Leave Act. This federal law guarantees employees as many as 12 weeks of leave without pay per year without the threat of job loss. The law also requires employers to maintain employees' health benefits during time off.

Overview of FMLA Leave

FMLA leave can come to the rescue in a number of situations, but the law can be a bit complicated. Essentially, FMLA leave can be taken by certain employees. Covered employers include all public agencies. Private employers are also covered if they employ 50 or more people for a minimum of 20 work weeks during the current or previous year.

Situations covered by FMLA include an employee's serious medical condition that prevents working or the employee having to care for a immediate family member with a serious medical ailment. A birth or adoption by the employee also qualifies for FMLA. An employee who experiences a situation involving a parent, spouse or child on military active duty can also qualify for FMLA leave.

FMLA Leave Requirements for Employees

Eligible employees need to have worked for a covered employer for a minimum of 12 months and a minimum of 1,250 hours. The 12 months don't have to have occurred consecutively. The 1,250 hours has to have happened within the 12 months right before the leave. The job has to be located at a place with at least 50 employees working, or it has to be located within 75 miles of this type of place of business.

The FMLA Process

To begin the process, an employee has to give notice to the employer. Generally, a 30-day notice is required. If an emergency happens that prevents this notice, the employee has to give notice as soon as possible. The employee has to give details so the employer understands that the absence could be FMLA leave. The notice has to include either mention of the medical issue or the need for FMLA leave. Sharing a specific diagnosis is not required, but it's mandatory that the employee inform the employer that the leave involves an FMLA-protected condition or situation.

The employer has to respond to the notice within five business days to inform the employee about FMLA leave eligibility. If eligibility is denied, the employer has to provide at least one reason. If approved, the employer also has to provide notice of FMLA rights and responsibilities, including definition of the 12-month period, requirements for a medical certification, use of paid leave, information about health benefits and returning to work at the end of the leave.

Department of Labor FMLA Forms

The FMLA process may involve submission of forms. Employees may have to complete a certification of health care provider for a health condition or a certification of qualifying exigency for a military situation. These forms are available for download from the United States Department of Labor website.

Additional Considerations

If an employer requests certification, employees have 15 calendar days to furnish this. A FMLA may be denied if an employee doesn't comply with this request. Employers can request a second opinion if there are concerns about validity of a certification. In this case, the employer has to cover any costs associated with getting the second opinion. If FMLA leave is denied, an employee can reapply if circumstances change.

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