Blog: FMLA

The primary reason individuals do not qualify for leave under FMLA include:

• Routine illness or medical appointment not classified as a “serious health condition“
• Caring for someone who is not a covered family member (e.g., a sibling or grandparent)
• Non-qualifying military leave

Note: This is an excerpt from our ...

• Employer is Not a Covered Employer
• Employee is Not Eligible
• Leave Request Is Not for a Qualifying Reason
• Insufficient or Improper Notice by the Employee
• Lack of Required Certification
• No further leave is available

Note: This is an excerpt from our FMLA Training & Certification Program. Note: This is an

• Employees must provide 30 days' notice if the need is foreseeable (e.g., scheduled treatments) under FMLA.
• If not foreseeable, notice must be given as soon as practicable (usually same or next business day). For an HR Generalist, documenting these timelines is a critical part of

• 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

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

• 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

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

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“.