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The FMLA (Family Medical Leave Act) law has been in place since 1993 and the complexity has never worn off.  The act, in total, can be very complex for the employer and the employee.  Below is a brief refresher on the initial process of designation.  

  • Employee Reports or Employer is made aware of the need for leave
  • Employer should obtain the expected duration and reason for leave
  • Determine if duration and reason fall within the FMLA guidelines

If determined an FMLA qualified event:

  • Employee qualification for FMLA must be made
  • Employee must have  worked  1250 hours (within the last 12 months) 
  • Must have worked 12 months prior to the leave start date

If the employee is deemed eligible the employer MUST IMMEDIATELY provide the employee with the necessary FMLA forms (DOL FMLA form repository – https://www.dol.gov/whd/fmla/forms.htm). 

If we do not have access to the employee, employee is already out, the FMLA forms MUST BE MAILED (certified mail is highly recommended) under a cover letter providing instructions on what should be completed, deadline for return of the form(s), and contact information for questions.

Please feel free to share the SMART – HR Tip with anyone that may find benefit.

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