The Family and Medical Leave Act of 1993 (FMLA) requires covered employers to provide employees with unpaid leave for qualified medical and family reasons. This leave consists of up to 12 weeks (26 weeks for military caregiver leave) in any 12-month period. FMLA unpaid leave is permitted for various specified purposes, including the birth or placement of a child. Employees are required to give an employer a minimum of 30 days notice except in emergency circumstances. The leave also requires that the employee be returned to their original job or one with identical or better pay and benefits, should they wish to return. FMLA compliance requires health insurance coverages continues to apply while on leave.
Employees may be able to substitute and/or supplement their unpaid FMLA parental leave with paid vacation and/or sick time, use paid parental leave if they qualify, or use earned leave the Voluntary Leave transfer Program, the NIH Leave Bank, and other applicable programs. These are just the broad strokes of FMLA compliance – understanding nuances related to subsequent rulings and related state and municipal regulations takes professional support. What resources do you use to ensure your compliance?
Beyond navigating the complexities of regulatory compliance for paid and unpaid leave programs, maintaining a program that is competitive with other employers in your market segment is essential to recruiting and retaining talent in an increasingly crowded marketplace. Leave requirements and compliance are only the beginning of supporting a healthy and happy workplace. Communicating these benefits to ensure usage, understanding, and transparency is critical to employee satisfaction and team cohesion. MMA ADL specializes in FMLA compliance, benefits communication and engagement, and more.