Blog: FMLA

A. Key Employees Highly paid, salaried “key employees“ (among the top 10% in pay within a 75-mile radius) may not be guaranteed job restoration if:

Restoration would cause substantial and grievous economic injury to the business
The employee is notified in writing of their status and the potential denial of restoration at the time FMLA is requested

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FMLA:
Restoration Timing Requirements Under The FMLA4/8/2026

Restoration must occur immediately upon the employee's return from leave. Delaying reinstatement violates FMLA unless:

The employee fails to return on time
The employee has exhausted their 12-week entitlement
A legitimate business change has eliminated the position for reasons unrelated to FMLA

Note: This is an excerpt from

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FMLA:
Retaliation Or Penalties For Taking FMLA Leave4/3/2026

Regarding retaliation or penalties for taking FMLA leave, employees cannot be:

Demoted
Transferred to a less desirable job
Denied previously available opportunities
Treated worse than they were before leave. Managing these scenarios is a critical duty for an HR

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FMLA:
Restoration And Reasonable Accommodation Under Current Leave Laws3/25/2026

The FMLA requires that an employee returning from FMLA leave be reinstated to the same or equivalent position. “Equivalent“ means equivalent pay, benefits, and terms and conditions of employment. The DOL's regulations clarify that “the employee is ordinarily entitled to return to the same shift or the same or equivalent work schedule“.

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FMLA:
Quick Tips For FMLA Job Protection And Benefits Maintenance3/22/2026

Employees must be reinstated to the same or equivalent job under FMLA
Health benefits must be maintained during leave. Ensuring human resources compliance throughout this period is a key duty for an HR Generalist.
Employees are still responsible for their share of

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FMLA:
Rules For FMLA Job Restoration3/18/2026

Under the Family and Medical Leave Act FMLA, one of the most critical protections for employees is the right to job restoration after returning from qualifying leave. Below are some details of the rules for FMLA job restoration — including exceptions, timing, and what employers can (and cannot) do. Maintaining human resources compliance ...

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FMLA:
Quick Tips For Tracking And Managing FMLA Leave3/13/2026

Below are some tips regarding tracking and managing FMLA leave:

Define how you measure the 12-month period (e.g., calendar year, rolling backward, etc.)
Carefully track and document intermittent and reduced schedule leave usage. This is a critical area for human resources compliance.
Ensure supervisors

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FMLA:
Common Pitfalls In FMLA Administration3/11/2026

Mistakes in complying with FMLA can lead to lawsuits, fines, and audits, so be aware of the most-common FMLA compliance mistakes, which include:

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FMLA:
Eligibility Requirements For FMLA Leave3/7/2026

An employer is required to offer FMLA leaves if:

It is a private-sector employer with 50 or more employees in 20 or more workweeks in the current or previous calendar year
It is a public agency (regardless of the number of employees)
It is a public or private elementary or secondary school (regardless of the number of employees)

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FMLA:
Tips For Tracking FMLA Intermittent Leave3/5/2026

Below are some tips for tracking FMLA Intermittent Leave:

Time off must be tracked in the smallest increment of time used by the payroll system (e.g., 15 minutes, 1 hour).
Keep detailed records of time used to ensure the total leave taken doesn't exceed the 12-week entitlement (or 26 weeks for military caregiver leave). This is a critical part of FMLA

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FMLA:
Valid Reasons For FMLA Intermittent Leave3/5/2026

Intermittent leave can be taken for any FMLA-qualifying reason, but some types require employer approval. For instance:

Employee's own serious health condition
To care for a

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FMLA:
The Eligible Reasons For FMLA Leave3/5/2026

The FMLA provides up to 12 weeks of unpaid, job-protected leave in a 12-month period for:

Birth of a child and bonding. For related prenatal or postpartum needs, employers should also refer to the Pregnant Workers Fairness Act.
Placement of a child for adoption or foster care
Care for a spouse,

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FMLA:
FMLA Notice Types3/5/2026

FMLA Notices Requirements

The FMLA rules require that employers give employees five written notices: a posted notice, a general notice, an eligibility notice, a rights and responsibilities notice, and a designation notice. Posted Notice The posted notice must be posted in a prominent location at all worksites, even if there are no FMLA-eligible employees at that worksite. The poster must be displayed in plain view where all employees and applicants can readily see ...

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FMLA:
Key Components To FMLA Administration3/4/2026

Administering the Family and Medical Leave Act (FMLA) correctly is essential for compliance and employee satisfaction.

Whether you're an HR professional or a manager responsible for FMLA, there are several key components you must understand and implement effectively. These include:

Understanding

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FMLA:
Who Is Eligible For FMLA Leave3/1/2026

Certain individuals that are covered under their employer's group health plan are eligible for FMLA leave. To be eligible, the individual must:

Work for a covered employer
Have worked at least 12 months (not necessarily consecutively)
Have worked at least 1,250 hours in the past 12 months
Work at a location with 50+ employees within a 75-mile radius

Tip: Reassess eligibility with each new leave request. In addition to FMLA, ensure you are compliant with ...

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FMLA:
FMLA Abuse, Retaliation Claims, and HR’s Legal Responsibilities2/22/2026

The Family and Medical Leave Act (FMLA) is a cornerstone of employee rights, providing critical job-protected leave for personal and family health crises. For HR professionals, administering FMLA is a masterclass in balancing empathy with compliance. However, two significant challenges can turn this balancing act into a high-wire routine: suspected FMLA abuse and the ever-present risk of retaliation claims. Navigating these issues requires more than just a basic understanding of the law; it ...

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FMLA:
Handling FMLA, ADA, and COBRA: Why HR Generalists Need Cross-Training2/22/2026

An employee informs you they need surgery and will be out of work for six weeks. This single event doesn't just trigger one HR process; it sets off a chain reaction across a landscape of complex federal laws. First, you have a request for leave under the Family and Medical Leave Act (FMLA). As the employee recovers, they may need workplace adjustments, bringing the Americans with Disabilities Act (ADA) into play. If the employee ultimately decides to leave the company due to their condition, ...

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FMLA:
FMLA Return-To-Work Guidelines9/12/2025

FMLA Return-To-Work Guidelines

If one of the employees needs to take time off work to care for a family member, you may be wondering what you need to do when they return. The Family and Medical Leave Act (FMLA) guarantees an employee's right to take time off work for family and medical emergencies. The Family and Medical Leave Act (FMLA) provides employees up to 12 weeks of unpaid leave each year. Whether your employees are ...

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