Blog: FMLA

Employers may require the employee to submit a medical certification supporting the need for intermittent leave under FMLA. The form must include:

Medical facts about the condition in accordance with HIPAA privacy standards.
Need for intermittent or reduced-schedule leave as a

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FMLA:
Fitness-For-Duty Certification Requirements Under The FMLA5/3/2026

Employers may require a fitness-for-duty certification under FMLA if it is tied to the reason for leave.
There's a uniform policy that applies to all similar roles, and the certification addresses whether the employee can perform essential job functions. For an HR Generalist, managing

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FMLA:
Right To The Same Or Equivalent Job Under FMLA Rules4/21/2026

When an employee returns from FMLA leave, they must be restored to:

The same job they had before the leave, or
An

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FMLA:
How HRTrainingCenter.com Can Help HR Professionals Stay FMLA-Compliant4/18/2026

The Family and Medical Leave Act (FMLA) is a cornerstone of employee rights in the workplace, allowing eligible employees to take unpaid, job-protected leave for medical or family reasons.

While FMLA is essential for employee well-being, it can be challenging for HR professionals to navigate. Proper FMLA management protects both the organization and employees. It:

Reduces exposure to lawsuits and penalties
Ensures employees understand their rights and

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FMLA:
Employer Rights and Responsibilities Regarding FMLA Leave4/18/2026

Employers can:

Request certification and recertification (every six months or sooner under certain conditions)
Require employees to schedule planned medical treatments to minimize workplace disruption in accordance with labor law.
Temporarily transfer the employee to an alternative position (same pay/benefits) that better

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FMLA:
Payroll Recordkeeping For The Family and Medical Leave Act4/16/2026

Covered employers who have eligible employees must retain records that must disclose the following:

Basic payroll and identifying employee data, including name, address, and occupation; rate or basis of pay and terms of compensation; daily and weekly hours worked per pay period; additions to or deductions from wages; and total compensation paid.
Dates FMLA leave is taken by FMLA eligible employees (e.g., available from

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FMLA:
Exceptions To FMLA Job Restoration Rights4/13/2026

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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