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Apr 26, 2023
Brian Clausen, Copy Editor
Paid – or unpaid – leave can be a huge assist to workers should they get sick or injured. Even if the leave is unpaid, it still guarantees they’ll have a job when they get well enough to return to work. This is where the Family and Medical Leave Act – or FMLA – comes in.
Passed in 1993, FMLA requires employers to provide employees with job-protected, unpaid leave for qualified medical or family reasons. This leave can last for 12 weeks, which, pending employer approval, don’t have to be taken consecutively. While this leave is unpaid, it still allows the employee to receive company health benefits.
Sometimes phrases like this are included in laws, and it requires more research to figure out exactly what that phrase means. You’re not a lawyer, but because you’re responsible for accepting or denying an employee’s FMLA request, it’s your obligation to at least know the basics of what qualifies for FMLA. The Department of Labor lists those reasons:
Anxiety, depression, and dissociative disorders also qualify as a serious health condition. FMLA requests for mental health reasons are just as valid as any request made for physical injury or sickness.
No. Only those who are at least part-time employees can make an FMLA request.
This is why it’s important to properly classify the type of worker. If you try to say they’re not eligible for FMLA when they actually are, it could bring your company legal trouble.
If they’re paid by the project, aren’t reimbursed for expenses and are allowed to seek work elsewhere, they’re a contractor. If they’re paid salary or hourly, are offered benefits, and will work for your company indefinitely, rather than being under contract for a predetermined period of time, then they’re an employee.
Part of a manager’s responsibility is recognizing when a leave request might qualify for FMLA. If the employee makes an FMLA claim straight away, perhaps the most important thing to know is that the company has five days to respond to it. There are some requests that an employer is allowed to make, and they should be done within this timeframe. This includes, but isn’t limited to:
All employer requests should be made in writing. It’s crucial to keep accurate paperwork involving every aspect of an FMLA claim, so the entire process can be tracked and recalled if necessary.
There’s a lot to remember when it comes to FMLA claims, and as a manager you can’t possibly prepare for every reason an employee might file a claim. Give them your prompt attention, and know when to involve your company's HR department so there's no confusion or legal issues.
Brian Clausen
Copy Editor
Brian Clausen is a copy editor at SkillPath. He has been with SkillPath for four years, and his writings have appeared on LendingTree, Shutterfly, and Dopplr.
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