The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees the right to take up to twelve work weeks or 480 hours of unpaid, job-protected leave for qualifying family or medical reasons. The leave may be approved either on a continuous basis or an intermittent basis.
To be eligible for FMLA an employee must have worked for a covered employer for at least 12 month and have at least 1,250 hours of service and have one of the following qualifying conditions:
In addition, twenty-six workweeks of leave can be provided during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).
Employee: Notifies HR Liaison, Supervisor, or DES Leave Administrator that they need FMLA
HR Liaison or Supervisor: Notifies the DES Leave Administrator that an employee has been out for three or more days, or is planning to be out for medical reasons.
How will I know if my employee needs FMLA?
If an employee is absent from work for 3 or more days or has talked of an upcoming surgery for themselves, or the need to care for an immediate family member following a medical procedure, inform the employee that they may be eligible for FMLA and ask if they would like the forms sent to them. The employee does have the right to say no if they do not feel the coverage is necessary.
If you notice that the employee is using more leave than their medical provider anticipated, reach out to the DES Leave Administrator . The DES Leave Administrator will take necessary steps to obtain updated documentation when necessary.
DES Leave Administrator:
Full administration of FMLA to include: