FMLA (Family and Medical Leave Act) entitles employees of covered employers to take unpaid, job protected leave for family and medical reasons with continuation of any active health insurance.
Eligible employees are entitled 12 workweeks in a 12 month period for the following:
- Birth of a child/to care for a newborn within one year of birth.
- Placement of a child for adoption or foster care within one year of placement.
- Care for employee’s spouse, child or parent who has a serious health condition.
- Serious health condition where the employee is unable to perform the essential requirements of the job.
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is a covered military member on ‘Active Duty’.
A final ruling was made early in 2015 revising the regulatory definition of spouse under the FMLA. Eligible employees in legal same sex marriages can now take FMLA leave to care for their spouse. This will ensure that the FMLA will give spouses in same sex marriage the same ability as all spouses to fully exercise their FMLA rights regardless of where they reside.
Several states at the ‘state’ and not ‘federal’ level have different considerations and versions of medical and pregnancy laws where in some cases they could be take concurrently. They have additional provisions that go beyond the federal FMLA so it is really important to understand the impact of both the state and federal laws and gather all the information.
CPEhr will always ensure you are provided with the most updated information on labor laws and assistance with compliance. We want to make sure both the employer and employees understand their rights within their business.
Contact us to find out how our services can benefit your company – 1.877.842.4988