Five Questions Employers Commonly Ask Regarding FMLA

The Family Medical Leave Act is considered by a great many employers and HR professionals as one of the most complicated and confusing employment laws they have to deal with. Here are five questions commonly asked by employers regarding the interpretation of this important Act.

Q: What happens to employees' FMLA eligibility if the number of employees drops below 50?

A: Once an employee is determined eligible in response to notice of the need for leave, his or her eligibility is not affected by any subsequent change in the number of employees employed at or within 75 miles of the employer's worksite. Similarly, an employer may not terminate employee leave that has already started if the employee count drops below 50.

Q: Is an employee entitled to benefits while using FMLA leave?

A: During any FMLA leave, an employer must maintain the employee's coverage under any group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period. Therefore, any share of group health premiums which had been paid by the employee prior to FMLA must continue to be paid by the employee during the FMLS leave period.

Q: Can an employer recover its share of health plan premiums paid during leave if the employee fails to return to work after taking FMLA leave?

A: In most circumstances, an employer may recover its share of health plan premiums during a period of unpaid FMLS leave from an employee if the employee fails to return to work after the employee's FMLA leave entitlement has been exhausted or expires.

Q: Are there any limitations on an employer's obligation to reinstate an employee who has taken FMLA leave?

A: An employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. An employer must be able to show that an employee would not otherwise have been employed at the time reinstatement is requested in order to deny restoration to employment.

Q: Does an employer have continuing FMLA leave obligations should the employee be laid off during the leave period?

A: If an employee is laid off during the course of taking FMLA leave and employment is terminated, the employer's responsibility to continue FMLA leave, maintain group health plan benefits, and restore the employee, cease at the time the employee is laid off.

For more information regarding FMLA leave, you may want to reference What Every Business Manager and HR Professional Should Know About Federal Labor and Employment Laws. This guidebook devotes a complete chapter to the Family Medical Leave Act and includes over 40 frequently asked questions that relate to the FMLA.

Comments

[Dan Savini]

How much time does the employer have to notify the employee ( after turning in the FMLA forms filled out by his or hers doctor }weather they accept your forms?

[KCook]

After an employee returns to work from FMLA, is the employer or other coworkers allowed to ask as to why the employee was out of work? Isn't the medical to be kept confidential?

[NDENNIS]

FOR ESTABLISHING THE NUMBER OF EMPLOYEES, ARE LAID OFF EMPLOYEES COUNTED IN THE TOTAL?
A YEAR AGO WE HAD 53 EMPLOYEES AND NOW THERE ARE 15 LAID OFF. NO ONE IS ON FMLA AT THIS TIME.