What employers should know about the Family and Medical Leave Act (FMLA)
Employers should allow eligible employee up to 12 workweeks of unpaid leave during any
12-month period for any of the following reasons:
- Birth or care of the newborn child of the employee
- Placement with the employee’s son or daughter for adoption or foster care
- Immediate family member care (spouse, child or parent) with serious health condition
- Medical leave when employee is unable to work due to a serious health condition
Important News:
- A Final Rule was published under the Family and Medical Leave Act, effective on January 16, 2009, to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008.
- Section 585 of the National Defense Authorization Act for 2008, Pub. L. 110-181 amends the Family and Medical Leave Act of 1993 to allow a spouse, son daughter, parent or next of kin to take up to 26 weeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, undergoing medical treatment, recuperation or therapy, in outpatient status or on the temporary disability retired list for a serious injury or illness.
Employer Notice Requirements
Employers must post a general notice with explaining FMLA’s provisions and providing information about procedures for filing a claim under the Act in a noticeable place where it can be seen by employees and applicants.
If the employer does not comply with this regulation, penalty for failing to post the required FMLA notice can be assessed.
Under the regulations, the notice should include:
- definitions of serious health condition
- The new military family leave entitlements and employer and employee responsibilities
- The notice should be also included in any employee handbook or other written policies or manuals describing employee benefits and leave provisions
- Employer without a handbook or written guidance is required to provide this notice to new employees upon hiring.
For more information, call (888) 680-8800or.
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