Deciphering the Family and Medical Leave Act

The federal Family and Medical Leave Act (FMLA) can be, at best, baffling to decode and, at worst, grounds for litigation if an employer makes a mistake. Below are some common myths about FMLA and what the law really means for your employees and your business.

Myth: An employee must use his or her FMLA leave in one 12-week "lump sum."

Reality: While family leave taken for the care of a newborn child or placement for adoption must be taken in a "lump sum," unless the employer agrees otherwise, leave taken for an employee's or family member's serious health condition may be taken hourly or through a part-time work schedule when medically necessary and where the need for leave is best accommodated through such scheduling. This is known as intermittent leave or reduced leave schedule.

The employer should require certification and documentation from a licensed health care provider substantiating the serious health condition as it would with other types of FMLA leave.

Myth: An employee can take FMLA leave to care for a grandparent, brother or sister.

Reality: FMLA covers only immediate family members: spouses, children, biological parents, stepchildren, foster children, adopted children and those acting as a legal guardian. It does not allow leave to care for siblings, grandparents, aunts or uncles.

Myth: FMLA leave can be taken only for serious conditions such as cancer, inpatient surgery or childbirth.

Reality: If the employee sees a health care provider and is ill or incapacitated for three or more days, that employee can use FMLA time. Under Department of Labor decisions, employees who are out of work even for colds, flu, stomach viruses or migraines would be able to claim FMLA leave if they meet these criteria.

Myth: Managers or supervisors are not responsible for FMLA violations.

Reality: Courts around the country differ on their interpretation of the law. The FMLA's definition of an employer includes anyone who acts in the interest of a company to its employees - directly or indirectly. In some instances, an individual manager has been held responsible for violations.

Myth: An employee taking FMLA leave is guaranteed to get back his or her job - or the equivalent - when he or she returns to work.

Reality: In most cases, this is true. There are some rare exceptions, though: the employee's shift has been eliminated, the employee is a temporary or project employee, the employee is a "key employee" as defined in the FMLA or the employee is terminated with just cause.

As with any other employer regulations, consult with a professional who is well-versed in employment issues to ensure that your business' and employees' rights are protected. By thoroughly complying with FMLA law, you will enhance the well-being of your employees and your company.

This article provided by Administaff (NYSE: ASF; www.administaff.com), a professional employer organization (PEO). Administaff serves as a full-service human resources department for small and medium-size businesses.

Note: Companies with fewer than 50 employees are not required to comply with FMLA!