advanced8 min read• 6 steps
How to Ensure FMLA Compliance
Essential steps to properly administer FMLA leave and avoid costly violations.
1
Determine if you are a covered employer
FMLA applies to:
- Private employers with 50+ employees
- Public agencies (all sizes)
- Public/private schools (all sizes)
**50-Employee Threshold:**
- Count all employees on payroll
- Include part-time and temporary
- Must have 50+ for 20+ weeks in current or prior year
- Count employees within 75 miles of worksite
💡 Tip: You can be covered for some locations but not others.
2
Identify eligible employees
Employees are eligible if they have:
1. Worked for you at least 12 months (need not be consecutive)
2. Worked at least 1,250 hours in the 12 months before leave
3. Work at a location with 50+ employees within 75 miles
**Track Eligibility:**
- Maintain hours worked records
- Track employment dates
- Know employee counts per location
💡 Tip: Tell employees their eligibility status when they request leave.
3
Recognize qualifying reasons
FMLA leave applies for:
- Birth and bonding with newborn (within 12 months)
- Placement of adopted or foster child
- Caring for spouse, child, or parent with serious health condition
- Employee's own serious health condition
- Military qualifying exigency
- Military caregiver (26 weeks)
**Serious Health Condition:**
- Inpatient care OR
- Incapacity 3+ days with continuing treatment OR
- Chronic condition requiring periodic treatment
4
Provide required notices
You must provide:
**General Notice:**
- FMLA poster in workplace
- Policy in handbook
**Eligibility Notice:**
- Within 5 business days of leave request
- State if employee is eligible
- Explain rights and responsibilities
**Designation Notice:**
- Within 5 business days of sufficient information
- Confirm leave is FMLA-qualifying
- State how much leave will count
💡 Tip: Use DOL-provided forms to ensure compliance.
5
Manage certifications
You may require medical certification:
**Initial Certification:**
- Request within 5 days of leave request
- Employee has 15 days to provide
- Can request second opinion at your expense
**Recertification:**
- Every 30 days for ongoing conditions
- More often if circumstances change
- Less often if condition is permanent
**Fitness-for-Duty:**
- May require before return to work
- Must notify employee in advance
6
Track leave usage
Carefully track FMLA time:
- 12 weeks = 480 hours for full-time
- Track by smallest increment used for other leave
- Count holidays/closures during continuous leave
- Running 12-month period often easiest
**Intermittent Leave:**
- Track in hours or partial days
- May transfer employee temporarily
- Can require scheduling of foreseeable leave
💡 Tip: Use a leave management system to track accurately.
Common Mistakes to Avoid
- ✗Failing to identify FMLA-qualifying absences
- ✗Not providing required notices on time
- ✗Counting FMLA absences in attendance policies
- ✗Retaliating against employees for taking FMLA
- ✗Not maintaining health insurance during leave