Employment Law Guide

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Summary
The Family and Medical Leave Act
Revisions/Changes to the FMLA
FMLA Definitions, Generally
FMLA Definitions, Specific to Military Family Leave
Preparing for FMLA Requests
- General Notice Posting Requirements
Creating an FMLA Policy and/or Other Written Guidance
- Required Employee Notice
- Moonlighting Policies
- Inflexible Leave Policies
- No-Fault Attendance Policies
FMLA Employer Coverage
- Covered Employers
Receiving and Reviewing Employee Requests for FMLA Leave
- Employee Notice of Need for FMLA Leave
- Determining Employee Eligibility for FMLA Leave
- Qualifying Reasons for Leave
- Requesting Certification of the Need for Leave
- Other Forms of Certification
- Employer Challenges to Certifications
Designating, Calculating and Tracking Leave Requests
- Eligibility Notice to Employee
- Rights and Responsibilities Notice
- Employer Notices Relating to Key Employee Status
- Designation Notice
- Calculating and Tracking Leave
- Determining Leave Entitlement
- Stacking of FMLA Leave Time
- Holidays and Temporary Cessations of Business
Administering and Processing Intermittent and Reduced Schedule Leave Requests
- Intermittent Leave and Reduced Schedule Leave - Defined
- Employee Notice of Intermittent or Reduced Schedule Leave
- Required Intermittent and Reduced Schedule Leave
- Optional Intermittent and Reduced Schedule Leave
- Certification for Intermittent or Reduced Schedule Leave
- Recertification of Intermittent or Reduced Schedule Leave
- Designating Intermittent or Reduced Schedule Leave
- Increments of Intermittent Leave
- Tracking Intermittent and Reduced Schedule Leave
- Special Rules for Elementary and Secondary Schools
- Fair Labor Standards Act (FLSA) - Considerations for Intermittent Leave
- Holidays and Temporary Cessations of Business
- Temporary Transfer of an Employee on Intermittent or Reduced Schedule Leave
- Returning from Intermittent Leave
- Challenges of Intermittent or Reduced Schedule Leave
- Methods to Prevent Abuse
Employer Obligations When Employee Is Out on Leave
- Maintenance of Employee Health Benefits
- Payment of Health Care Premiums While on FMLA Leave
- Payment Options
- Notice Requirements Regarding Payment of Health Care Premiums
- Failure to Pay Health Plan Premiums
- Failure to Return from Leave - Effects on Health Care Coverage
- Recovering Premiums
- Changes in Employer's Health Plans or Benefits
- Termination of Health Care Coverage
- Maintenance of Multi-Employer Health Plan Benefits
- Non-Health Benefits During FMLA Leave
Compensation While on FMLA Leave
- Required Substitution of Paid Time Off Benefits
- Option to Use Paid Time Off Benefits
- Enforcing Paid Time Off Policy
- Employer Tax Credits for Paid Leave
- Other Paid Benefits
- Interplay of Other Disability Leaves and State Laws
- Treatment of Holidays and Company Closures
- Public Employers: Compensatory Time
- Pay Docking
Terminating or Taking Otherwise Negative Action Against Employees on Leave
- Considerations Prior to Taking Adverse Actions
- Employer Burden to Show Negative Action Is Not Based on Exercise of FMLA Rights
Reinstating Employees Returning From FMLA Leave
- Adequately Preparing for Reinstatement
- Return to Work or Fitness-for-Duty Certification
- Key Employee Notice Relating to Reinstatement
Job Restoration Rights
- Same or Equivalent Position
- Circumstances Affecting Restoration Rights
- Leave-Related Accommodations Under the ADA and Returning Employees to Work
- Interaction With Workers' Compensation, State and/or Local Law and Collective Bargaining Agreements
Curbing FMLA Fraud and Abuse
- What Is FMLA Fraud?
- What Is FMLA Abuse?
- Moonlighting While on FMLA Leave
- Strategies to Combat FMLA Fraud and Abuse
FMLA Interplay
FMLA Recordkeeping Requirements
- Types of Records to Keep
- Time Period Required to Maintain Certain Records
- Method of Retention
- Maintenance of Personnel Files
- Confidentiality - Employee Privacy Concerns
- Confidential Files
- Employer's Records Retention Policy
Actions Prohibited By the FMLA
- Interference
- Individual Liability
- Waiver and Release of FMLA Rights
Enforcement Rights
- Filing a FMLA Complaint With the Secretary of Labor
- Private Lawsuit Under the FMLA
- Relief Available for Prevailing FMLA Litigants
- Violations of Posting Requirements
Future Developments
State Requirements

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FMLA: Federal

FMLA requirements by state

Authors: Sofija Anderson, Michelle Barrett Falconer, Alexis C. Knapp, Casey Kurtz, Judith A. Paulson, Mark T. Phillis, Barbara Rittinger Rigo, Jean L. Schmidt, Terri M. Solomon and Susan A. P. Woodhouse, Littler

Summary

This guide provides an in-depth review of the federal Family and Medical Leave Act (FMLA), which requires covered employers to provide eligible employees with unpaid leave for the birth, adoption or foster care placement of child; an employee's or their family member's serious health condition; qualifying exigencies arising out of a family member's military service; and a family member who is a military servicemember with a serious injury or illness.

State Requirements

The following states have additional requirements for this topic under applicable state law.

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About This Resource

Jurisdiction: Federal
Status: This resource is kept under review and updated in line with developments.
Updates: Updated to reflect Department of Labor Opinion Letter FMLA2025-01-A regarding applicability of the FMLA substitution rule when an employee is receiving paid family and medical leave benefits.