Let us dispel misconceptions and help you understand the Family Medical Leave Act.

Dealing with serious health conditions can be incredibly stressful for employees. When these conditions prevent them from working, it can create challenges for employers who still need the work completed. The Family Medical Leave Act (FMLA) provides job-protected leave for employees to care for themselves or immediate family members facing challenging medical conditions or crises.

However, many people are either unaware of the FMLA or have misconceptions about what qualifies, how it works, and the steps to take. This overview will help clear up those misconceptions and provide guidance on how employees can use FMLA, what responsibilities employers have, and the different types of leave available for various medical situations.

Let’s get started.

What is the Family Medical Leave Act (FMLA)?

The Family Medical Leave Act is a federal law that safeguards the jobs of eligible employees who need to take time off for qualified medical conditions affecting themselves or their immediate family members. The legislation requires an employer to provide up to 12 weeks within a 12-month period of unpaid leave while allowing the employee to return to the same job or an equivalent job and continue any group health insurance coverage. It also protects employees from retaliation from employers for taking the leave.

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Is FMLA paid leave?

No. The federal legislation does not require employers to pay employees while on leave, only to preserve their jobs while they are gone.

While the FMLA does not require employers to pay for medical leave, it does allow them to require employees to use their accrued paid time off (PTO), vacation, or sick leave to continue receiving a paycheck. Taking PTO for qualifying conditions qualifies the leave as FMLA-protected, even if it's paid and runs concurrently with FMLA leave.

Some states, like Colorado and Oregon, are beginning to mandate paid leave for certain medical conditions, but at the federal level, the leave remains unpaid.
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Is FMLA the same as Short-Term Disability (STD) leave?

No. Short-term disability is a benefit option that some employers offer as a part of their benefits package. Typically, STD has a waiting period before benefits can take effect to provide supplemental pay.

FMLA, on the other hand, is unpaid federal-protected job leave that applies to employees who work for covered employers and meet FMLA requirements.
How does FMLA work?
When an employee misses three consecutive days of work for a health-related event or condition, the employee might be eligible for FMLA leave. To determine eligibility, an employee must:

• Work for a covered employer, 
• Have worked for 1250 hours in the previous 12-month work period,
• Work for an employer that has 50 or more employees in a 75-mile radius,
• Have worked for the employer for at least 12 months, though that time does not have to be consecutively.

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Military Caregiver Leave

FMLA allows for 26 weeks of leave during a single 12-month period to care for a covered military 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.¹ In this case, it is sometimes referred to as Military Caregiver Leave.
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What qualifies as family medical leave?

Qualified family medical leave includes²:

• the birth and care of a child within one year of the birth;
• adoption or foster care placement and caring for the child within one year of placement;
• caring for a spouse, child, or parent who has a serious health condition;
• a serious health condition that prevents the employee from performing essential job functions, including mental health-related issues;
• any urgent situation caused by the employee’s spouse, child, or parent being on "covered active duty" in the military.

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What is the responsibility of the employer as it relates to FMLA?

As the employer, once you know of an employee’s qualifying medical situation, it is your responsibility to notify the employee of their eligibility for FMLA, and you have five business days to do it. With a partner like Syndeo, all you have to do is inform your HR Business Partner (HRBP), and they will ensure the employee receives the proper paperwork to apply.  

‍How do employees apply for FMLA?  

First, talk to your company's HR manager or representative to start the application process. For Syndeo clients, it’s as easy as calling your HRBP and informing them of the situation. They will get the appropriate paperwork delivered directly to the employee to begin the process.

Second, the type of leave your diagnosis or family member’s diagnosis requires will be determined. There are two types of medical leave permitted by the FMLA: block (or continuous) leave and intermittent leave.

Block/Continuous medical leave is taken all at once for a period of longer than three consecutive days. Employees might take this type of leave if they have surgery and need six weeks of recovery. For example, a person may take six weeks of FMLA after the surgery and have six remaining weeks for the rest of the 12 months.

Intermittent leave can be taken over a period of time if an employee faces a single serious health condition that is episodic in nature. An employee can take the leave when the condition is present, even for only a few hours at a time. For example, if an employee suffers from frequent severe migraines, the employee could qualify for FMLA leave that is taken as needed for a prescribed time.

While employers cannot violate HIPAA laws by directly asking what the medical condition is, they can require employees to provide a medical certification from their provider. The certification indicates when the condition began, how long it is expected to last, whether or not the employee can perform their job, and if not, how long they expect him to be unable to work due to the condition.

If applying for intermittent leave, the provider will additionally need to estimate the time each absence requires and how often the employee will be absent because of the condition.

Your HRBP can help you know what to gather for medical certification.

Finally, once all the paperwork is submitted, the employer can approve the leave if the eligibility and qualifying requirements are met. Syndeo works with each client to ensure the employee’s leave is approved in a timely manner.  
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How does Syndeo help employers handle FMLA? Who keeps the records of FMLA leave?

Depending on the type of FMLA taken, tracking leave for employees might take a lot of time. Fortunately, Syndeo has systems in place to streamline the process for employers and managers.

If continuous leave is taken, the specifics — like the leave start date and the expected return-to-work date — are entered into the Syndeo HRIS system and monitored by the Leave Administrator.

If intermittent leave is approved, the specifics regarding the leave are entered into the FMLA Tracking Tool, and the supervisor or manager is provided with tools to log the FMLA taken. Syndeo uses the manager logs to closely track the leave as it is taken and directly informs the employee when they have a certain percentage of the leave remaining for the 480 hours allotment.

As the employer, you set the tone about FMLA.

As your partner in business, Syndeo is here to help you process and track FMLA for your employees. We can help train your supervisors and managers to be aware of options like FMLA that can alleviate worries and stress for employees when facing serious medical or family situations.

Equipping your team with understanding and knowledge about FMLA, you are fostering a supportive and caring company culture based on trust and well-being. When employees feel valued and know their needs are being met during difficult times, it not only alleviates their worries but also enhances their overall job satisfaction. Supporting your employees in this way shows you care, boosts morale, strengthens employee retention, and leads to a more engaged workforce.

Investing in the well-being of your team through programs like FMLA is a key step toward building a loyal and productive team, and Syndeo is here to guide you every step of the way.

Talk to your Syndeo representative to learn more about FMLA.

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REFERENCES
1 Fact sheet #28M: Using FMLA leave because of a family member’s military service. DOL. (n.d.). https://www.dol.gov/agencies/whd/fact-sheets/28m-fmla-military-family
2 Family and Medical Leave Act. DOL. (n.d.-b). https://www.dol.gov/agencies/whd/fmla

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