The Family and Medical Leave Act (FMLA) requires covered employers to follow specific procedures when administering eligible employees’ family and medical leave. The recently updated U.S. Department of Labor (DOL) forms present employers with a timely remind to review leave documentation, policies and procedures.
The DOL provides optional forms to help employers document leave requests and communicate employee rights and responsibilities, including
- Rights & Responsibilities Notice (WH-381): Communicates eligibility and explains employee rights and responsibilities.
- Designation Notice (WH-382): Notifies employees whether leave qualifies for FMLA protection.
- Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380-E): Supports leave requests related to an employee’s serious health condition.
- Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) Supports leave requests related to an employee’s family member’s serious health condition.
- Military Family Leave Certifications (WH-384, WH-385 and WH-385-V): Supports qualifying military-related leave requests.
The FMLA provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave during a 12-month period for qualifying reasons, including:
- birth and care of a newborn or placement of a child for adoption or foster care,
- care for a spouse, child or parent with a serious health condition,
- the employee’s own serious health condition, or
- qualifying military exigencies or caregiver leave.
FMLA coverage depends on the type of employer and, for most private employers, workforce size. Covered employers include private employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year, public agencies of any employee size, including federal, state and local government, and public and private elementary and secondary schools. To be eligible, an employee must be employed with covered employer for at least 12 months, worked for least 1,250 hours during the 12 months before a leave request, and work at a location with at least 50 employees within a 75 mile radius.
Managers should understand how to recognize potential leave requests and refer employees to HR. Employees do not need to specifically mention the FMLA to trigger an employer’s responsibilities.
Need help navigating employee leave requirements?
Bukaty Companies’ HR Consulting team can help employers review workplace policies, strengthen leave administration procedures and navigate complex HR requirements. Contact us to learn how our HR Consulting team can support your organization.
