Life happens—whether it’s the birth of a child, a serious health condition, or the need to care for a sick family member. The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take unpaid, job-protected leave in these situations. But FMLA can be tricky, and both employers and employees need to understand their rights and responsibilities.
What Is FMLA?
The FMLA is a federal law that requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave per year for specific medical and family-related reasons (29 U.S.C. §2612). During this time, employees’ jobs and health benefits are protected.
Covered reasons for FMLA leave include:
- The birth, adoption, or foster placement of a child.
- A serious health condition that prevents an employee from performing essential job duties.
- The need to care for a spouse, child, or parent with a serious health condition.
- Qualifying exigencies related to a family member’s military service.
Additionally, the FMLA provides up to 26 weeks of leave for employees caring for a covered servicemember with a serious injury or illness (29 U.S.C. §2619).
What employers are covered by the FMLA?
The Family and Medical Leave Act (FMLA) applies to private-sector employers who employ 50 or more employees within 75 miles, as well as public agencies (regardless of the number of employees) and public or private elementary or secondary schools. Specifically, the statute states that “employer” includes “any public agency, as defined in section 203(x) of this title, and includes the government of a State or political subdivision thereof, and any agency of the United States.” (29 U.S.C. § 2611(4)(A)(iii)). This means that not only large private businesses, but also federal, state, and local governmental employers, are subject to the FMLA.
Moreover, the regulations issued under the FMLA clarify that covered public employers include “any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees,” as well as public agencies “regardless of the number of employees.” (29 C.F.R. §§ 825.104(a), 825.104(b)). Public agencies include state and local governments, their agencies and subdivisions, as well as federal employers covered by the FMLA’s requirements.
In short, all public agencies—federal, state, and local—are covered by the FMLA, even if they have fewer than 50 employees. Private employers, on the other hand, are covered only if they meet the 50-employee threshold.
Who Is Eligible for FMLA Leave?
Not all employees qualify for FMLA leave. To be eligible, an employee must:
- Work for an FMLA-covered employer (private employers with 50+ employees, public agencies, and schools).
- Have worked at least 1,250 hours in the past 12 months.
- Have been employed with the employer for at least 12 months.
Employer Responsibilities Under FMLA
Employers must comply with several key FMLA obligations, including:
- Providing notice: Employers must inform employees of their FMLA rights and responsibilities (29 C.F.R. §825.300).
- Maintaining job protection: Employees must be reinstated to the same or an equivalent position after FMLA leave (29 U.S.C. §2614).
- Continuing health benefits: Employers must maintain employees’ group health insurance under the same terms during FMLA leave (29 U.S.C. §2615).
- Prohibiting retaliation: Employers cannot interfere with or retaliate against employees who exercise their FMLA rights (29 U.S.C. §2615(a)).
Common FMLA Issues
Despite its protections, FMLA is often misunderstood. Here are a few common issues:
- Intermittent leave confusion: Employees can take FMLA leave in small increments instead of all at once, which can be challenging for employers to track properly.
- Medical certification disputes: Employers can require certification from a healthcare provider but must follow strict rules about verification and second opinions.
- Retaliation claims: Employees may claim they were fired or demoted in retaliation for taking FMLA leave, which can lead to costly legal disputes.
West Virginia-Specific Considerations
While the FMLA is a federal law, West Virginia employees may have additional protections under state laws. For example, West Virginia provides specific leave protections for public employees and certain school employees (W. Va. Code §18A‑4–10). Additionally, employees may be eligible for temporary disability benefits during unpaid leave through the state’s workers’ compensation program.
Best Practices for Employers
To avoid FMLA-related legal trouble, employers should:
- Develop clear FMLA policies and communicate them to employees.
- Train managers on how to handle FMLA requests properly.
- Keep accurate records of leave requests, approvals, and denials.
- Ensure compliance with both federal and state laws.
What Employees Should Do
Employees planning to take FMLA leave should:
- Notify their employer as soon as possible, ideally 30 days in advance.
- Provide required medical certification if requested.
- Stay informed about their rights under the law.
Conclusion
FMLA provides important protections for employees while ensuring that employers can maintain business operations. Understanding the rules can help both parties avoid disputes and make the leave process smoother. Whether you’re an employer handling FMLA requests or an employee seeking leave, knowing your rights and responsibilities is key.
