FMLA Parental Leave: What Employers Need To Know

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Summary. The Family and Medical Leave Act or FMLA offers some protections to employees if they need to be away from work to care for a family member or if they themselves have a medical condition that temporarily makes them unable to work. Read on to learn what this means for employers.

What do you know about FMLA and your employee’s rights? It’s worth brushing up on who qualifies for FMLA as an employer and an employee and what situations fit the provisions of this federal law. Read more to learn about FMLA.

Key Takeaways:

FMLA is an acronym for the Family and Medical Leave Act. This is a federal law that allows employees to take up to 12 weeks off work for medical situations without fear of losing their job or health insurance benefits.
Not all situations qualify for FMLA; the government details what situations are acceptable.
Not all employers or employees qualify for FMLA; if both of them do not qualify, then leave is not required.
FMLA is often used when an employee welcomes a newborn into their family, but this is not the only situation where FMLA applies.

What Is FMLA?

FMLA stands for the Family and Medical Leave Act. This is a federal law that provides certain employees with qualifying events to take up to 12 weeks of unpaid leave from their job. During that time, their job is protected, which means that it will be there for them when they return. Their employer is also required to maintain their group health benefits during their leave.

It’s key to note that not every employer has to offer FMLA; not every employee qualifies for it, and there are only certain qualifying events that fit the requirements.

FMLA Qualifying Events

The first consideration is the event and if it qualifies for FMLA. The following are the situations that typically fit into the definition of FMLA.

The birth of a child or the placement of a child in the family for adoption or foster care
The care of a spouse, child, or parent who has a serious health condition
When the employee has a serious health condition and is unable to perform the essential functions of their job
If a spouse, child, or parent is in the military and on covered active duty, which requires an urgent need for the employee to be absent from work to take care of other demands

This is a general overview of the qualifying events and the individuals who are considered part of a family. Because life can be complicated, there are further definitions on the Department of Labor website to help you further define what situations qualify for FMLA and who is considered family.

Does Every Employer Have to Offer FMLA

Not every employer has to offer FMLA. The first qualification for the employer is if it is a private-sector employer that has 50 or more employees within a 75-mile radius. That means a small company with less than 50 employees wouldn’t qualify. It would also exclude a company with outposts that are spaced out more than 75 miles from each other.

This first covered employer requirement for FMLA often excludes many small businesses from FMLA requirements legally. That doesn’t mean you can’t offer them. If an employer wants to extend FMLA to their employees, they can.

Offering FMLA can be tricky because you’ll have to abide by federal laws if you do so. It might be more beneficial to your company to seek the advice of someone well-versed in employment law and discuss individual leave based on the situation at hand.

In the public sector, all state, local, and Federal government agencies must offer FMLA. If it’s an elementary or secondary school that’s in question, it also must offer FMLA, whether it’s private or public.

Does Every Employee Qualify for FMLA

Only eligible employees can qualify for FMLA. The qualifications include:

The employee must be working for a covered employer
The employee has worked for the employer for at least 12 months
The employee has worked at least 1,250 hours in the 12-month period immediately prior to leave
The employee works at a location with at least 50 employees within 75 miles

The 12 months of employment stipulation does not have to be consecutive. For instance, if someone works seasonally at a golf course and has done so for ten years, they would qualify for the 12-month stipulation as long as they’ve worked 1,250 hours in the past year.

Again, if a public sector employer wishes to offer this benefit to non-qualifying employees, they do have the right to do so, but that may have other legal implications.

FMLA Leave Time Information

In general, FMLA allows for 12 weeks of unpaid leave within a 12-month period. Those 12 weeks do not have to be consecutive. Often the time is consecutive when the birth of a child or adoption occurs to allow for bonding and adjustment.

Not requiring consecutive leave opens more options for people in other situations. For example, people who have to leave work early for medical treatments regularly or who have to miss work one day a week to care for a family member can take their FMLA time over the course of the year.

There is an additional leave that may be implemented if the eligible employee is taking FMLA time to care for a covered servicemember with a qualifying event. Military families have a bit more leeway and additional time available to them.

Parents Taking FMLA

FMLA is more broad-reaching than parental issues or concerns, but that aspect is one that gets a lot of attention because it’s very important. FMLA allows up to 12 work weeks of unpaid leave to care for a spouse, child, or parent with a serious health condition. A parent is defined as the biological parent of an individual or who stood in loco parentis to a person, which means they legally are serving as a parent.

If you’re a parent to a newborn, or you have an adopted child, foster child, stepchild, a legal ward, or you’re standing in loco parentis for a child, you may qualify for FMLA. If the child joining your child is not a newborn, they still qualify as long as they’re under 18 years of age. If they are 18 years or older but incapable of self-care due to a mental and/or physical disability, they may still qualify for FMLA.

FMLA and Parents

While you qualify for FMLA for being a new parent to a child, you may also qualify if you’re a child and your parent(s) need your assistance. This doesn’t have to apply to elderly parents, but this is often the case.

One of the great benefits of FMLA is that you do not have to take the 12 weeks consecutively. When taking parents to doctor appointments or treatment, you may want to use your FMLA time to leave work rather than using vacation or personal days.

FMLA FAQ

What does FMLA stand for?

FMLA is an acronym for the Family and Medical Leave Act. This is a federal law that applies to some employers and some employees. If the conditions fit all the requirements, the employee is allowed to take up to 12 weeks off in a 12-month period, without pay and without the fear of losing their job or their health insurance benefits.
Does every employer have to offer FMLA?

No, FMLA only applies to government agency employers, primary and secondary education employers, and companies that employ more than 50 people within a 75-mile radius. If you own a small company that does not employ 50 people or more, then you do not have to abide by FMLA requirements.

While you do not have to abide by FMLA, you may want to offer your employees a similar benefit. This decision isn’t a legal requirement, but you should have legal advice before adding it to any employment contracts.
Do all employees qualify for FMLA?

No, not all employees qualify for FMLA. Employees need to have worked for your company for more than 12 months to qualify, and those months do not need to be consecutive. They also need to have worked more than 1250 hours in the last calendar year. Additionally, the employer needs to qualify for the employee to qualify.
Is FMLA only for people who have just had a new baby?

No, while the birth of a child is a common reason that people use FMLA, it’s not the only reason. People who adopt, foster, or assume custody of a child may also apply for FMLA.

FMLA is also used to allow people to help care for their immediate family members or to help them get to treatment appointments. It can also be made available to someone who has a serious health condition that prevents them from doing the tasks of their job.

References

Department of Labor – Family and Medical Leave Act

National Laws

Author

Kristin Kizer

Kristin Kizer is an award-winning writer, television and documentary producer, and content specialist who has worked on a wide variety of written, broadcast, and electronic publications. A former writer/producer for The Discovery Channel, she is now a freelance writer and delighted to be sharing her talents and time with the wonderful Zippia audience.