Wednesday, June 20, 2012

FAMILY MEDICAL LEAVE ACT (FMLA)

Q:  I have 10 employees.  Some are part time.  I have two of my employees pregnant. I can't afford to give them a lot of time off.  What do I have to do?

A:  First, hopefully I read you wrong.  You say that "I have two of my employees pregnant."  I hope that doesn't mean that you are the responsible one.  If so, you may have more problems than time off. 

Anyway, this is a complicated subject so when in doubt we strongly recommend that you check with an attorney that practices in the HR area.  Here are the basics.

The federal law does not apply to businesses with fewer than 50 employees. However, many states have additional laws with different rights that apply to employers with fewer employees. And many states also grant employees leave for reasons and periods beyond those granted under the FMLA.

If you are subject, covered employers must grant an eligible employee up to a total of 12 work weeks of unpaid leave during a 12-month period for one or more of the following reasons:


For the birth and care of the newborn child of the employee.
  • For placement with the employee of a son or daughter for adoption or foster care.
  • To care for an immediate family member (spouse, child, or parent) with a serious health condition.
  • To take medical leave when the employee is unable to work because of a serious health condition.
That's the basics but each situation and state is different.