The Family Medical Leave Act is an important piece of legislation that provides employees of certain businesses with protections in the case of a medical leave. Understanding the nuances of the FMLA will help your business stay compliant and help your employees take advantage of a critical resource. Here to demystify the FMLA is Principal at Jackson Lewis PC, Brian Shenker!

Brian joins Host Mike Vannoy to unpack what you need to know about the FMLA. Brian shares requirements for both employers and employees, dives into what events are covered, and highlights some of the potential situations that businesses may find themselves in. 

Takeaways:

• The FMLA states that qualifying employees are allowed to take up to 12 weeks of unpaid job protected leave to care for themselves or a family member. When they return, they must be returned to the same job. 
•  While the FMLA is a semi recent job law, it was built upon the progress of other laws including the ADA. Prior to the law, employees were often forced to quit their jobs just to care for a family member. 
• While compliance with the FMLA is necessary, it isn’t the end all be all of leave. Much like states can have higher minimum wages compared to the FLSA, leave can vary by location. Understanding local laws will help you stay compliant. 
• For an employee to take advantage of the FMLA, there are a few requirements they need to meet. Employees must have been employed with the company for at least 12 months. These months don’t need to be consecutive, and are counted up until the leave. 
• The FMLA has certain exceptions that make it non applicable to small businesses. To follow the FMLA, businesses must have at least 50 employees who are within a 75 mile radius. 
• To take unpaid protected leave, employees must either be dealing with their own medical issue, or providing care for a parent, spouse, or child. Cousins, siblings, and other family members are not part of the umbrella of people an employee can take leave for. 
• While FMLA abuse does exist, it’s best for employers to err on the side of caution. By playing the role of “doctor” or “lawyer” and trying to determine if an employee’s case is eligible, you run the risk of legal ramifications. 

Quote of the Show:

• “If you don't think FMLA applies to you, but it does, you're going to be committing violation after violation.” - Brian Shenker

Links:

• LinkedIn: https://www.linkedin.com/in/brian-shenker-53708712/ 
• Company Website: https://www.jacksonlewis.com/ 

Ways to Tune In:

• Spotify: https://open.spotify.com/show/2XThTdn7YC1lkAm0PgZUkj  
• Apple Podcasts: https://podcasts.apple.com/us/podcast/mission-to-grow-a-small-business-guide-to-cash-compliance-and-the-war-for-talent/id1725890976 
• Amazon Music: https://music.amazon.com/podcasts/328dddd0-3c4f-4b07-a0d3-13bdcb418486/mission-to-grow-a-small-business-guide-to-cash-compliance-and-the-war-for-talent?refMarker=null 
• Audible: https://www.audible.com/pd/Mission-to-Grow-A-Small-Business-Guide-to-Cash-Compliance-and-the-War-for-Talent-Podcast/B0CS71KQFM?qid=1706208857&sr=1-1&ref_pageloadid=not_applicable&ref=a_search_c3_lProduct_1_1&pf_rd_p=83218cca-c308-412f-bfcf-90198b687a2f&pf_rd_r=A1ME8MBECSVZ6K4D7CNT&pageLoadId=QBtg12mqKsuZPLGY&creativeId=0d6f6720-f41c-457e-a42b-8c8dceb62f2c 
• Podchaser: https://www.podchaser.com/podcasts/mission-to-grow-a-small-busine-5591006