The Family and Medical Leave Act (FMLA) is an important piece of legislation that works wonders for both employers and employees. It provides work/life balance to employees with the benefit of increasing productivity and morale, which are vital to an organization. It is also a double-edged sword that can be the source of serious legal challenges for both managers and employers. Managers can find themselves at the other end of a lawsuit for violating the FMLA, (Yes, managers can be held personally liable and ordered to pay any judgment awarded to the employee) and so too can an entire organization. Therefore, it is very important that human resources departments train managers and supervisors on the intricacies of the law. When it comes to the FMLA, ignorance is not a viable legal defense.
To be qualified for FMLA, an employee is required to have worked at an organization for at least one year and 1250 hours. However, confusion arises when determining when the year begins and ends. It is very important that HR keeps three key areas in perspective to avoid such confusion. First, how long the employee has been on the payroll; second, the months do not have to be consecutive; and third, the 12th month must fall on the date the leave begins.
How long an employee has been on the payroll is an objective measuring stick that allows employers to satisfy FMLA’s 12-month requirement. If an employee has been on the payroll for 52 weeks, then that is enough to dissipate all doubt that the employee has satisfied the requirement. Employers should give no consideration to whether an employee is part-time or full-time. Once the 52 weeks have been reached, the employee has satisfied the 12-month legal requirement.
When counting the 12 months, the most important aspect to keep in mind is that they do not have to be consecutive. There can be a gap of up to seven years. However, the seventh year is the cut-off before resetting the clock. For instance, Gina was laid off due to a reduction in workforce after working for eight months for company X. She was rehired six months later. She gave birth to a beautiful girl six months after she had been rehired. Has she met the 12-month requirement to take FMLA to bond with her new baby? The simple answer is ‘yes’.
Managers need to understand that an employee does not have to wait until he or she has reached the 12th month qualification period to request a leave of absence under FMLA. Such leave can be requested before becoming eligible since the 12th month must fall on the date leave will begin. An employee who has been with an organization for 11 months can request a leave of absence under FMLA if leave will begin on the employee’s work anniversary.
The FMLA can be elusive, but trained managers can avoid the major pitfall of the law. Lawsuits under FMLA are increasingly becoming an existential threat to organizations and these suits are on the rise. The best way for organizations to counter this threat is to take compliance with the law very seriously. Thus, HR departments should spend enough time implementing training and development programs for supervisors and managers capable of neutralizing the threat.