FMLA Manager Refresher
Managers have a slew of responsibilities related to supervising employee productivity and overseeing business operations. But it doesn’t stop there. Managers are also tasked with being knowledgeable in a handful of policies and procedures to support their employees. For example, a manager without basic knowledge of the Family and Medical Leave Act (FMLA) may unknowingly provide inaccurate information to employees. It is easier than you think to make a mistake like this when dealing with a complicated policy. If managers know the basics of FMLA interpretation at their organization, they are better prepared to support employees and involve Human Resources at the right time. Identifying the answers to these questions will set the groundwork for a manager FMLA primer.
What is FMLA?
On a broad level, FMLA offers employees meeting specific family and medical reasons up to 12 weeks of leave with job protection and continued access to healthcare within a 12-month period. “Job protection” means eligible employees are guaranteed to return to their same job or a similar role after their leave. This point is key as employees may not realize why FMLA is important to job security.
Are our employees covered under FMLA?
This question speaks to the fact that not all FMLA plans or policies are created equally. The Department of Labor offers guidelines to determine employer and employee eligibility for the federal program on its website. Requirements include conditions such as number of employees within a geographic area, hours worked for the employer, and qualifying conditions such as birth of a child or caring for a sick family member. Some employers who do not meet the criteria may implement a policy to support an “employee-first” culture.
Since coverage may vary by employee and FMLA notification guidelines are strict, it is important to notify HR if an employee is taking time off that may be considered FMLA-eligible. FMLA leave cannot be backdated so it is better to be safe than sorry!
Are our employees paid while on FMLA?
This is where it gets complicated! The federal program is unpaid. However, some states or districts have implemented paid family and medical leave programs with varying rules and time periods. As of February 2021, this included California, New Jersey, Rhode Island, New York, Washington, the District of Columbia, and Massachusetts.
Workers in states that do not have paid FMLA leave may often use other types of paid time off during their protected leave. For example, workers may be able to apply for short-term disability or use sick or vacation time, if available, to supplement their income during this time.
The Department of Labor continues to expand the FMLA policy; most recently, it was amended with the Families First Coronavirus Response Act (FFCRA) to grant emergency FMLA leave for family members impacted by the coronavirus (COVID-19). A manager educated in FMLA basics is more prepared to support the many needs of employees both in and out of the office. In addition, ongoing FMLA manager training helps the company stay in compliance with federal mandates.
Originally featured in UBA’s June 2021 HR Elements Newsletter.
