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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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105531news.aspxLeave of Absence (FMLA)News Certain Types of Parent-Teacher Talks Qualify for FMLA Leave, Says DOL 11/06/2019National
105547news.aspxLeave of Absence (FMLA)News Changes in New York State Human Rights Law Take Effect Soon 10/28/2019National
105480news.aspxLeave of Absence (FMLA)News Recent Burger King Case Shows Why Your FMLA Policies, Training are So Crucial in Alabama 10/21/2019National
105475news.aspxLeave of Absence (FMLA)News Paid Leave: Important Deadlines for Oregon Employers 10/11/2019National
102168faqs.aspxLeave of Absence (FMLA)Questions & Answers For an employee on FMLA, if they "make-up" time by working extra hours the next day, does the time missed on the scheduled work day still count as FMLA? 09/14/2017National
102119faqs.aspxLeave of Absence (FMLA)Questions & Answers Can we replace an employee out on FMLA leave? 08/28/2017National
102128faqs.aspxLeave of Absence (FMLA)Questions & Answers When writing up a paid family leave policy for a group of 51 employees with NJ and CA locations, what is the standard? 08/09/2017National
102125faqs.aspxLeave of Absence (FMLA)Questions & Answers If a doctor certifies the need to be out for a certain amount of hours per month, can we hold them to this? Can we legally require that employees inform us of their time out for FMLA within 24 hours? 08/08/2017National
102126faqs.aspxLeave of Absence (FMLA)Questions & Answers Do you have an "FMLA Decision Tree?" 08/01/2017National
102001faqs.aspxLeave of Absence (FMLA)Questions & Answers I have an employee that may need to request FMLA leave due to a recent heart attack. Do you have a leave request form? 07/18/2017National
102133faqs.aspxLeave of Absence (FMLA)Questions & Answers We have about 20 employees in another state who we have allowed to take FML even though there are not 50 employees within a 75 mile radius. Are we committed to continuing to offer FMLA for this group since we have set a precedent? 06/13/2017National
102130faqs.aspxLeave of Absence (FMLA)Questions & Answers An employee took a medical leave of absence. She used accrued vacation in lieu of unpaid leave. Our policy for an employee out on leave under the FMLA is that they do not accrue time off for the period of leave. Is this permitted? 04/05/2017National
101727faqs.aspxLeave of Absence (FMLA)Questions & Answers We have an employee in Kansas City who will be taking leave soon. We currently have only 35 employees in that office, is she eligible for FMLA? 04/05/2017National
102135faqs.aspxLeave of Absence (FMLA)Questions & Answers Is there a specific rule for employers (under 50 employees) to follow regarding what an employee would pay for their health insurance premium while out on a medical leave? 03/27/2017National
102136faqs.aspxLeave of Absence (FMLA)Questions & Answers How much can a direct supervisor ask about an employee's reason for leave or nature of employee's doctor's appointments once the employee has already been approved by HR for FMLA? 02/07/2017National
102137faqs.aspxLeave of Absence (FMLA)Questions & Answers I have an employee who went out but did not request FMLA leave at the time. She has since had complications and did not return back to work as expected. At what point do we start the clock on her FMLA time? 02/07/2017National
102129faqs.aspxLeave of Absence (FMLA)Questions & Answers Can an employer have someone out on FMLA come in for an interview for an internal position that they applied for? 01/19/2017National
102134faqs.aspxLeave of Absence (FMLA)Questions & Answers If I have an hourly employee who is FMLA eligible, how many hours do I use per week from their FMLA "bank"? Their average hours worked YTD (32)? Or the full 40? 11/30/2016National
82434state_comparison_charts.aspxLeave of Absence (FMLA)Guidance 1-FMLA Compliance Guide: Integration with Other Leave Laws  National
82433state_comparison_charts.aspxLeave of Absence (FMLA)Guidance 2-FMLA Compliance Guide: Employer Coverage and Employee Eligibility  National
94320surveys.aspxLeave of Absence (FMLA)Surveys 2013 Employee Leave Survey Data  National
94321surveys.aspxLeave of Absence (FMLA)Surveys 2013 Employee Leave Survey Summary  National
98572surveys.aspxLeave of Absence (FMLA)Surveys 2015 Employee Leave Survey Data  National
98573surveys.aspxLeave of Absence (FMLA)Surveys 2015 Employee Leave Survey Summary  National
82432state_comparison_charts.aspxLeave of Absence (FMLA)Guidance 3-FMLA Compliance Guide: Qualifying Reasons for FMLA Leave  National
82431state_comparison_charts.aspxLeave of Absence (FMLA)Guidance 4-FMLA Compliance Guide: FMLA Leave Notice and Medical Certification  National
82430state_comparison_charts.aspxLeave of Absence (FMLA)Guidance 5-FMLA Compliance Guide: Pay and Benefits During FMLA Leave  National
82429state_comparison_charts.aspxLeave of Absence (FMLA)Guidance 6-FMLA Compliance Guide: Return from FMLA Leave  National
82428state_comparison_charts.aspxLeave of Absence (FMLA)Guidance 7-FMLA Compliance Guide: Recordkeeping and Enforcement  National
92986state_comparison_charts.aspxLeave of Absence (FMLA)Guidance Administrator Interpretations Letter: Clarification of the Definition of “Son or Daughter” under Section 101(12) of FMLA  National
91067state_comparison_charts.aspxLeave of Absence (FMLA)Guidance Administrator Interpretations Letter: Definition of “Son or Daughter” Under FMLA  National
93100timesavers.aspxLeave of Absence (FMLA)Forms Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave Form (WH-385-V)  National
79291timesavers.aspxLeave of Absence (FMLA)Forms Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave Form (WH-385)  National
79290timesavers.aspxLeave of Absence (FMLA)Forms Certification of Qualifying Exigency For Military Family Leave Form (WH-384)  National
17635state_comparison_charts.aspxLeave of Absence (FMLA)Guidance DOL Opinion Letter: "No fault" attendance policies  National
91066state_comparison_charts.aspxLeave of Absence (FMLA)Guidance DOL Opinion Letter: Employee Notice and Call-In Procedures  National
102430timesavers.aspxLeave of Absence (FMLA)Checklists Educational Leave Checklist  National
1540timesavers.aspxLeave of Absence (FMLA)Forms Employee's Acknowledgement of Review of Employer Leave Policies  National
101409training.aspxLeave of Absence (FMLA)Handouts Employees’ Right to Vote—Voting Leave Laws (Handout)  National
101410training.aspxLeave of Absence (FMLA)Quizzes Employees’ Right to Vote—Voting Leave Laws (Quiz)  National
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