Employee Benefits in Seattle, WA

FMLA Act of 1993

The Family and Medical Leave Act of 1993, also known as FMLA, became effective for most employers on August 5, 1993. The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division enforces and administers FMLA for all private, state and local government agencies. FMLA applies to public agencies and to private sector employers that employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year and are engaged in commerce or in any industry or activity affecting commerce. FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for family and medical reasons. It also requires group health benefits to be maintained during the leave as if employees continued to work.

Employee Eligibility
To be an eligible employee for FMLA leave an employee must work for a covered employer and:

1). Have worked for that employer for at least 12 months. 2). Have worked at least 1,250 hours during the 12 months prior to starting FMLA leave; and 3). Have worked at a location where at least 50 employees are employed at the location or within 75 miles of the location.

Leave Entitlement
A covered employer must grant leave to an eligible employee up to a total of 12 workweeks of unpaid leave in a 12-month period for one or more of the following reasons:

* Birth of and care of a newborn child.

* Placement with the employee a child for adoption or foster care.

* Care of an immediate family member (spouse, child, or parent; but not a parent "in-law") with a serious health condition and;

* When the employee is unable to work because of a serious health condition.

Spouses employed by the same employer may be limited to a combined total of 12 workweeks of FMLA for the following reasons:

* Birth and care of a child

* Placement of a child for adoption or foster care, and to care for a newly placed child (leave must conclude within 12 months of birth or placement) and;

* Care for an employee's parent with a serious health condition.

Intermittent/Reduced Work Schedule
Under certain circumstances, FMLA also permits employees to take leave intermittently or at a reduced work schedule. If FMLA leave is used for the birth or care of a child or placement for adoption or foster care, use of intermittent leave is subject to employer's approval. Intermittent FMLA leave may be taken whenever medically necessary to care for a seriously ill family member or because the employee is seriously ill and unable to work. Only the amount of leave taken while on an intermittent or reduced schedule can be charged as FMLA leave. In addition, employers may require employees to use accrued paid leave to cover some or all of the FMLA leave taken.

Job Reinstatement
After returning from FMLA leave an employee is entitled to be restored to their original job, or to an "equivalent" job, meaning must be identical to the original job in terms of pay, benefits and other conditions that may have applied. The use of FMLA leave may not result in any loss of benefits that the employee earned or was entitled to before using FMLA leave. Under specific circumstances when restoration to employment will cause substantial economic strain to the company an employer may refuse to reinstate certain, highly compensated "key" employees. To do so the employer must adhere to FMLA guidelines.

Maintenance of Health Benefits
A covered employer is required to maintain group health insurance for an employee, including coverage for family, on FMLA leave if the insurance was provided before the leave was taken. It also must be offered under the same terms as if the employee had continued to work. Arrangements to pay for group insurance benefits while an employee is on unpaid FMLA leave, such as co-payments or contributions to maintain coverage, can be made on any voluntary agreement between the employer and employee.

An employer's obligation to maintain health benefits under FMLA ends if and when an employee does not intend to return to work, or fails to return to work after the leave has been exhausted. The employer's obligation to continue group benefits also ceases if the employee's premium payment is more than 30 days late as long as the employee receives written notice at least 15 days in advance that coverage will terminate if payment is not received. An employer may recover premiums used to maintain health insurance coverage for an employee that fails to return to work after FMLA leave. Other benefits, such as cash in lieu of group health insurance, do not have to be maintained during periods of FMLA leave.

Employer Notices - Enforcement - Unlawful Acts
Covered employers are required to provide information to employees about FMLA. Any willful failure to do so may result in fines up to $100 for each separate offense. It is unlawful for any employer to interfere, restrain or deny the exercise of any right provided by FMLA. An eligible employee may bring private civil action against an employer violating FMLA law.

To view the source document, including information on posting notices and a helpful question and answer section on FMLA, click on the link posted below.