Understanding the Family and Medical Leave Act: Employer Responsibilities

The Family and Medical Leave Act (“FMLA”) is a fundamental of employment law that protects employees by allowing them to take unpaid, job-protected leave for specific family and medical reasons. For both covered employers and employees that are eligible for FMLA leave, understanding the FMLA is imperative to ensure compliance with the law.

Employers that are subject to FMLA have several key obligations under the FMLA, and failure to comply can result in legal issues. Here’s a breakdown of the primary employer responsibilities:

1. Notice Requirements

Employers must provide employees with notice of their rights under the FMLA. This includes:

• General Notice: Employers must display an FMLA poster in a conspicuous place, outlining FMLA rights and responsibilities.
• Eligibility Notice: When an employee requests FMLA leave, the employer must inform them of their eligibility status within five business days.
• Designation Notice: The employer must notify the employee whether the leave is designated as FMLA leave and how much leave will count against their FMLA entitlement.

2. Maintaining Health Benefits

While on FMLA leave, the employer must maintain the employee’s group health insurance under the same terms as if the employee were still working. If the employee shares the cost of health insurance, they must continue making their share of the premium payments during the leave.

3. Job Restoration

When an employee returns from FMLA leave, the employer is required to restore them to their original job or an equivalent position with equivalent pay, benefits, and other terms of employment.

4. Preventing Retaliation

It is unlawful for an employer to retaliate against an employee for taking FMLA leave. Employers must avoid any adverse actions that could be seen as punishment for exercising FMLA rights.

If you have any questions about FMLA and whether it applies to your business, please contact McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.