FMLA entitles eligible employees of covered employers to take unpaid, job‑protected leave for specified family and medical reasons. Many employers are not properly complying with the law. To protect your dealership, you need to make sure proper procedures are being followed.

Covered Employers

The FMLA only applies to employers in the private sector with 50 or more employees in 20 or more workweeks in the current or preceding calendar year.

Eligible Employees

Employees who have worked for a covered employer for at least 12 months and have at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave are eligible. The 12 months of employment do not have to be consecutive.

Leave Entitlement

Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:

• Birth of child, adoption or foster care
• To care for a spouse, child or parent who has a serious health condition
• A serious health condition that makes an employee unable to perform the essential functions of his or her job
• Any qualifying exigency arising out of the fact that a spouse, child or parent is a military member on a covered active duty or call to a covered active-duty status

Notice

Employees must comply with their employer’s requirements for requesting leave and provide enough information for their employer to determine whether the FMLA may apply.

• Covered employers must post a notice explaining rights and responsibilities under FMLA.
• Include information about the FMLA in their employee handbooks or provide it to new employees upon hire.
• When an employee requests FMLA leave or the employer acquires knowledge that the leave may be for an FMLA-qualifying reason, they must provide the employee with notice of his or her rights and responsibilities under FMLA.
• Notify employees whether the leave is designated as FMLA leave.

Certification

When an employee requests FMLA leave, the employer may require certification in support of the leave from a healthcare provider.

Job Restoration and Health Benefits

Upon return from FMLA leave, an employee must be restored to their original job or to an equivalent job with equivalent pay, benefits and other terms and conditions of employment. Employers are required to continue group health benefits for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave.

Enforcement

It is unlawful for any employer to interfere with, restrain or deny the exercise of or the attempt to exercise any right provided by FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice or because of involvement in any proceeding related to FMLA.

Common Mistakes

Common mistakes made in administering FMLA are not recognizing FMLA, direct manager involvement, certification assumptions, terminations without consideration and failure to track FMLA leave time properly.

Outsourcing FMLA

Approximately 34% of employers use a third party for leave administration. By outsourcing FMLA, you will have consistency and reduce your risk of a DOL audit.