Webinar Recap | Getting FMLA Right - Common Questions and Best Practices

On March 21, Adams Keegan advisory team members Charles Rodriguez, Brandon Roland, and Amanda McCollum held an insightful review of the most common questions HR and operations managers confront when acknowledging and administering leaves under the rules of the federal Family & Medical Leave Act. 

Didn’t catch the webinar? Click here to access the recording.

FMLA overview
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons, such as recovering from a serious health condition or caring for a sick family member. While it does not guarantee pay, it ensures employees can take time off without fear of losing their jobs. 

What does it mean to be a covered employer and employee?
FMLA does not apply to all businesses or employees. For private employers, coverage kicks in once they have at least 50 employees for 20 or more workweeks in the current or previous calendar year. Public agencies, including schools and government entities, are covered regardless of employee count.

To be eligible for FMLA, an employee must have worked for their employer for at least 12 months and logged at least 1,250 hours within the past year. Additionally, they must work at a location where at least 50 employees are within a 75-mile radius. Remote workers are counted toward the location they report to, not their home address.

What should I be listening for?
Employees are not required to explicitly request FMLA leave to qualify for protections. Instead, managers and HR teams must listen for “magic words” that indicate a potential need for leave. 

For example, employees might mention a serious personal health condition, their child’s ongoing medical treatments, a pregnancy or planned surgery, etc. These situations should prompt employers to hand out the necessary FMLA paperwork, ensuring compliance. 

Even if an employer is not covered under FMLA, or an employee is not eligible, there is still a responsibility to document the request and provide written notice explaining the ineligibility, ensuring transparency and compliance.

Which forms do I need to use?
FMLA administration requires specific documentation. The first essential form is the FMLA poster, which covered employers are legally required to display in the workplace. The Notice of Eligibility, the next step, informs employees whether they qualify for FMLA leave and outlines key details. If medical certification is required, the employer must provide the appropriate certification form.

Once approved by the employer, they must issue a Designation Notice, formally approving or denying the leave request. Employees returning from medical leave should offer a Return to Work form to confirm they are fit to resume duties. These processes can further be documented in an MOU to clarify PTO use, benefits continuation, and return expectations.

What is intermittent leave?
Intermittent leave allows employees to take FMLA in increments rather than all at once, often for chronic illnesses or ongoing treatments. Employers can request updated medical documentation every six months. Additionally, while they can suggest scheduling changes to minimize disruption, employers must accommodate medically necessary intermittent leave. Parental leave, however, does not have to be granted intermittently.

What if my employee isn’t coming back?
One of the biggest concerns for employers is whether an employee on FMLA leave will return. To avoid legal risks, the employer must hold the position open until an employee officially resigns. Employers should include a reasonable check-in policy in their documentation, such as requiring employees to give periodic updates. When the 12-week period ends, employers should clearly communicate with the employee about their return. If an employee is unresponsive or requests additional time, employers should assess whether additional accommodations may be required.

The team also covered other common questions during the discussion, such as who refuses FMLA, what situations are not qualified under FMLA, what to do if employers were already planning on firing this employee, and more. 

View the full webinar here and allocate about 45 minutes to become fully immersed in the conversation.