Family and Medical Leave Act (FMLA) questions often don’t come with advance notice. An employee shares they’re expecting a baby, a parent is diagnosed with a serious illness, or someone needs surgery. In those moments, business owners need to know what the law requires and when it applies.
Here are the basics that every employer should understand.
Does FMLA Apply to My Business?
Not every employer is covered.
Generally, FMLA applies to employers with 50 or more employees within a 75-mile radius for at least 20 workweeks in the current or preceding calendar year.
If your business is approaching that threshold, now is the time to review your policies and processes before your first request arrives.
Who Is Eligible?
Even if your business is covered, not every employee qualifies.
To be eligible, an employee must:
  • Have worked for you for at least 12 months (not necessarily consecutive)
  • Have worked at least 1,250 hours during the previous 12 months
What Events Are Covered?
Eligible employees may take up to 12 weeks of unpaid, job-protected leave for qualifying reasons, including:
  • The birth, adoption, or foster placement of a child
  • Their own serious health condition
  • Caring for a spouse, child, or parent with a serious health condition
  • Certain military family situations
Some military caregiver situations may qualify for additional leave.
What Should I Do If an Employee Mentions They Need Leave?
One of the biggest misconceptions is that employees must specifically ask for “FMLA.”
They don’t.
If an employee shares information that suggests they may need leave for a qualifying reason, your responsibility is to recognize the potential need and begin the appropriate process.
Avoid making eligibility decisions on the spot or telling employees they don’t qualify. Instead, involve HR (or your HR advisor), provide the required notices, and gather the information needed to determine whether FMLA applies.
What Are My Responsibilities as an Employer?
If FMLA applies, employers are responsible for:
  • Providing required notices
  • Determining eligibility
  • Requesting medical certification when appropriate
  • Tracking leave accurately
  • Maintaining benefits as required
  • Restoring eligible employees to their position or an equivalent position when leave ends
Consistency and documentation are essential throughout the process.
FMLA isn’t something most employers deal with every day, but when you do, it’s important to respond thoughtfully and consistently.
Knowing when the law applies, recognizing potential requests, and following a structured process can protect both your employees and your business.