FMLA Policy Template

A comprehensive Family and Medical Leave Act policy for covered employers explaining employee rights and procedures.

Best for:All employers with 50+ employeesCompliance documentationManager training reference

Policy Template

Policy Purpose

In accordance with the Family and Medical Leave Act (FMLA), [Company Name] provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons.

Employer Coverage

[Company Name] is a covered employer under FMLA, employing [50+] employees within a 75-mile radius of each work location.

Employee Eligibility

To be eligible for FMLA leave, employees must: • Have worked for [Company Name] for at least 12 months • Have worked at least 1,250 hours during the 12 months before leave begins • Work at a location with 50+ employees within 75 miles The 12 months of employment need not be consecutive.

Qualifying Reasons

FMLA leave may be taken for: • Birth of a child and bonding (within 12 months of birth) • Placement of a child for adoption or foster care (within 12 months) • Care for spouse, child, or parent with a serious health condition • Employee's own serious health condition that prevents performing job duties • Qualifying exigency related to family member's military service • Care for covered service member with serious injury or illness (up to 26 weeks)

Leave Entitlement

• 12 workweeks of leave in a 12-month period for most qualifying reasons • 26 workweeks for military caregiver leave • [Company Name] uses a [rolling/calendar/fixed] 12-month period Leave may be taken: • Continuously (all at once) • Intermittently (in separate blocks) • As reduced schedule (fewer hours per day/week)

Tips:

  • Specify which 12-month calculation method you use

Notice Requirements

**Foreseeable Leave:** Provide at least 30 days advance notice, or as soon as practicable. **Unforeseeable Leave:** Provide notice as soon as practicable, generally within 1-2 business days. Employees must follow normal call-in procedures when absence is unforeseeable.

Certification

[Company Name] may require medical certification for: • Employee's serious health condition • Family member's serious health condition • Military caregiver or exigency leave Certification must be provided within 15 calendar days. Failure to provide certification may result in denial of leave.

Pay During Leave

FMLA leave is unpaid. However: • Employees may choose to use accrued PTO/vacation concurrently • [Company Name] [may require/allows but does not require] substitution of paid leave • State paid family leave benefits may be available • Short-term disability may cover employee's own medical leave

Benefits During Leave

• Health insurance continues under same terms as active employment • Employee remains responsible for their share of premium costs • If payment is more than 30 days late, coverage may be terminated with 15 days notice • Other benefits [continue/do not continue] during leave

Return to Work

• Employees are entitled to return to the same or equivalent position • "Equivalent" means same pay, benefits, and terms of employment • Employer may require fitness-for-duty certification for own medical leave • Key employees (highest-paid 10%) may have limited restoration rights

Prohibited Actions

[Company Name] will not: • Interfere with employee's FMLA rights • Retaliate against employees for taking or requesting FMLA leave • Count FMLA-protected absences against attendance policies • Require employees to "make up" FMLA time

Customization Points

When using this template, customize these key areas for your organization:

  • 12-month leave year calculation method
  • Paid leave substitution policy
  • Fitness-for-duty certification requirements
  • Call-in procedures
  • Benefits continuation details

Legal Considerations

  • ⚠️Policy must comply with federal FMLA requirements
  • ⚠️State laws may provide additional protections
  • ⚠️Post required FMLA notices in workplace
  • ⚠️Maintain accurate FMLA records
  • ⚠️Train managers on FMLA compliance

This template is for informational purposes only. Consult with an employment attorney to ensure your policies comply with applicable federal, state, and local laws.

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