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Leave of Absence (FMLA) (including FMLA (Leave of Absence))
National Summary
“Leave of absence” is another catchall term used to refer generally and broadly to employees’ requests to take leave from work—often for an extended period—to manage any of a variety of personal and family needs: personal or family illness, pregnancy, military service, family military leave, etc.
Employees are granted rights to take leave for these reasons under several federal (and, of course, state) laws, which means employers have extensive compliance responsibilities related to these laws. Key among these laws is the federal Family and Medical Leave Act (FMLA), which provides eligible employees with between 12 and 26 weeks of leave for needs related to their own serious health conditions, care of covered family members with serious health conditions, child bonding, and forms of family military leave.
The requirements of the FMLA are extensive and complex, and administration of individual leave requests under the law can be one of the more difficult tasks in human resources management. The information provided in this analysis offers guidance on the general application and requirements of the law, key definitions and interpretations, interplay with other applicable and related laws, and further resources and best practices.
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170235index.aspxGuidance FMLA Leave Is Exhausted: How to Address Transfer and ADA Accommodation Requests, Fitness-for-Duty Exams, and More (7/2019) 02/13/2020National
170234index.aspxGuidance When Winter Weather Strikes: Mastering FMLA, FLSA, & Other Challenges During Emergency Shutdowns (1/2020) 02/13/2020National
168672tools.aspxPolicies Leave of Absence - Medical 10/23/2015National
167596tools.aspxPolicies Family & Medical Leave of Absence Policy-For Employers Not Subject to FMLA (Sample) 07/24/2013National
167430index.aspxQuestions & Answers How do we calculate FMLA leave for part-time employees? 04/09/2013National
167411index.aspxQuestions & Answers One of our employees was injured while working at a second job and is on a workers' comp leave. Is he eligible for FMLA leave from our organization? 03/25/2013National
159168tools.aspxForms FMLA Employee Leave Request Form 03/12/2013National
159169tools.aspxForms FMLA Employee Statement of Family Relationship 03/12/2013National
159345tools.aspxForms Instructions to Supervisors on Company Obligation Under the FMLA 03/12/2013National
167393tools.aspxForms Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave Form (WH-385-V) 03/07/2013National
167389index.aspxQuestions & Answers If a teacher has a baby in June, can she take 12 weeks of FMLA when she returns to school in the Fall? 03/04/2013National
167376index.aspxQuestions & Answers Could you clarify the recent FMLA changes as it relates to the forms. I know they have been removed from the regulations. 02/18/2013National
152942tools.aspxPolicies Sample Family and Medical Leave Policy 02/11/2013National
167356index.aspxQuestions & Answers A husband and wife work for us. The husband needs FMLA for a serious medical condition. His wife wants FMLA to care for him. Will they each get 12 weeks, or is it 12 weeks combined? 01/30/2013National
167333index.aspxQuestions & Answers I have a part-time employee who wants to know if she is eligible for FMLA leave. Does FMLA apply to part-time employees? 01/08/2013National
167303index.aspxQuestions & Answers I have an employee who just returned from active military duty and is requesting FMLA for doctor visits. He hasn't worked 1250 in last 12 months. Is he eligible for FMLA? 12/05/2012National
167214index.aspxQuestions & Answers If we suspect that a physician's release to return to work after FMLA is not authentic, may we contact the physician's office to confirm they sent it? 09/28/2012National
167195tools.aspxCalculators FMLA Time Tracker 09/17/2012National
167172tools.aspxForms FMLA Notice: Conclusion of FMLA Leave 08/29/2012National
167173tools.aspxForms FMLA Notice: Potential Interruption of Health Care Coverage 08/29/2012National
167156index.aspxQuestions & Answers Can we reduce the pay and change shifts for a person returning from leave if business requires? 08/20/2012National
167133index.aspxQuestions & Answers An employee took FMLA to care for his seriously ill mother. Then he needed surgery. Does he get 12 weeks of leave for his mother plus 12 weeks for himself? 08/06/2012National
167111index.aspxQuestions & Answers If two siblings work for the same company and their parent has a serious medical condition, do both employees have the right to 12 weeks of FMLA leave? 07/23/2012National
166881index.aspxQuestions & Answers How many weeks can a husband take FMLA when his wife works for the same company? 02/08/2012National
166657index.aspxQuestions & Answers An exempt employee is on intermittent FMLA leave. She will work at home at night. Can we dock her salary for time out of the office during regular work hours? 09/23/2011National
166648surveys.aspxSurveys Family Leave Survey Results - 2011 09/20/2011National
166498index.aspxQuestions & Answers If a temp needs FMLA leave, does the temp agency administer it? For temps hired as regular employees, does the time as a temp count when figuring FMLA eligibility? 08/26/2011National
166423index.aspxQuestions & Answers An employee will become eligible for FMLA while on a medical leave. Do we have to give her all 12 weeks of FMLA after she meets the eligibility requirements? 07/22/2011National
160387index.aspxQuestions & Answers A few years ago, we hired our 50th employee and updated the handbook to include FMLA. We just went down to 49 employees Do we update the handbook again? 01/03/2011National
160031surveys.aspxSurveys Family Leave Practices Survey Results - 2010 08/30/2010National
159885index.aspxQuestions & Answers Is FMLA available to an employee/ parent who wants to care for an adult child who has just given birth? 07/26/2010National
159579index.aspxQuestions & Answers Under FMLA an employer can retroactively designate leave if they failed to designate the leave in the beginning. How many weeks of the 12 can they go back and designate as FMLA, and what is considered "timely manner"? 06/03/2010National
159544index.aspxQuestions & Answers If we have an employee that is on FMLA leave for 12 weeks, is it legal for her to work from home while caring for her newborn? 05/14/2010National
159452index.aspxQuestions & Answers Regarding FMLA and care for a child over 18, if the child's need for care is just temporary, such as recovering from surgery, does this qualify for FMLA? Or does their need for assistance need to be based on a permanent condition? 03/16/2010National
159428index.aspxQuestions & Answers If an employee misses 5 days of work and we know that they are not eligible for FMLA because they have not been employed for 1 year do we need to send an eligibility notice? 03/02/2010National
159401index.aspxQuestions & Answers What are the limits on light duty during FMLA leave? 02/02/2010National
159396index.aspxQuestions & Answers When an employee is late 30 days or more paying their benefit premiums while out on FMLA or any other leave, should the date of cancelation on notice reflect back to date of non-payment or the end of the 30-day grace period? 02/01/2010National
159390index.aspxQuestions & Answers If I have a part time employee who has works 20 hours a week (1040 hours a year) and has worked for the previous 12 months are they entitled to FMLA leave? Do they ever become eligible? 01/26/2010National
159381index.aspxQuestions & Answers Can an employee take FMLA for a critically ill grandchild? The child's mother is 16 years of age & the grandmother wants to take FMLA. 01/19/2010National
159344tools.aspxForms FMLA Leave Request Form for Employees 12/08/2009National
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