Glossary of FMLA Terms

FMLA Terms

The Family and Medical Leave Act (FMLA) is a U.S. federal law that provides eligible employees up to 12 weeks of unpaid, job-protected leave (26 weeks in some military cases) for specific family and medical reasons.

Below is a glossary of terms for the Family and Medical Leave Act (FMLA), as well as a list of recommended training courses to help with FMLA compliance.

ADA

The Americans with Disabilities Act (aka, the ADA). Title I of the ADA prohibits employers from discriminating against employees and prospective employees on the basis of a disability as defined by the ADA.
Bonding Leave

FMLA taken to be with a newborn child, newly adopted child or a child recently placed for adoption or foster care. See also Family Leave.
Certified FMLA Administrator

An HR professional who has completed the FMLA Training & Certification Program and passed the accompanying certification exam.
Certification of Health Care Provider

Department of Labor Forms WH-380-E, 380-F, 385 and 385-V, used by employers to have health care providers certify the existence of a serious health condition.
COBRA

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA )that allows eligible employees and their dependents to continue in a group health plan after a qualifying event as defined by COBRA.
Coordination of Leave

The process of coordinating the rights and obligations of FMLA with existing employer leave policies including paid vacation time, annual sick leave, short-term disability and long-term disability benefits, workers? compensation, and other employer provided paid leave as well as any applicable state or local leave laws.
Disability Insurance

Income replacement insurance for employees that are unable to work due to non-work-related injuries or illnesses.
Eligibility Notice

Department of Labor Form WH-381 informs the employee of his or her eligibility for FMLA leave or at least one reason why the employee is not eligible.
Fitness for Duty

As a condition of restoring an employee whose FMLA leave was due to the employee's own serious health condition, an employer may have a uniformly-applied policy or practice that requires all similarly-situated employees to obtain and present certification from the employee's health care provider that the employee is able to resume work.
General Notice

The term used to describe the requirement that employers provide written guidance for employees of the FMLA entitlements and obligations. To satisfy the general notice requirement, employers must (1) display or post a general notice (referred to as a poster), and (2) if the employer has any FMLA eligible employees, provide a written general notice to employees. The Department of Labor FMLA Poster (WH-1420) may be used for this purpose.
Highly Compensated Employee

See "Key Employee"
In loco

A person with day-to-day responsibility to care for and financially support a child. A biological or legal relationship is not required.
Intermittent Leave

FMLA leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave of periods from an hour or more to several weeks.
Job Restoration

When an employee returns from FMLA leave, he or she must be restored to the same job that the employee held when the leave began or to an "equivalent job." An "equivalent job" means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).
Key Employee

A salaried FMLA-eligible employee who is among the highest paid 10 percent of employees that work within 75 miles of the employee's worksite.
Leave Year

The 12-month period designated by the employer in which an eligible employee may take up to 12 weeks of FMLA. The employer must designate the leave year in writing and may choose from three options: a calendar year or any fixed 12-month period; the 12-month looking forward method; the ?rolling? 12-month period measured backward for the date an employee uses leave method.
Light-Duty

The process of performing a job that is physically or mentally less demanding than the employee?s normal position. Typically used when an employee is recovering from an injury or illness and is not yet ready to return to his or her full responsibilities.
Medical Certification

See Certification of Health Care Provider.
Posted Notice

Department of Labor Model Notice to Employees of Rights under FMLA (WH-1420).
Preliminary Designation

The process of informing an individual that his or her time-off may be protected under the FMLA while facts regarding the time-off are being collected by the employer.
Recertification

The process of requiring an employee on FMLA to re-certify that the serious health condition still exists under the original terms and conditions or whether additional information will reduce or increase the amount of leave necessary.
Reduced Schedule Leave

FMLA leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday. A reduced leave schedule is a change in the employee's schedule for a period of time, normally from full-time to part-time.
Retroactive Designation

The process of determining that time-off already taken should be counted as FMLA.
Return-to-Work

Return-to-Work/Stay-at-Work programs are intended to help workers who experience an injury or illness to remain at work or, for those workers who have separated from employment, to return as soon as medically feasible.
Rights and Responsibilities Notice

Department of Labor Form WH-381 informs the employee of the specific expectations and obligations associated with the FMLA leave request and the consequences of failure to meet those obligations.
Serious Health Condition

A period of incapacity of more than three consecutive calendar days, that also involves treatment two or more times by a health care provider or, one treatment by a health care provider, which results in a regimen of continuing treatment under the supervision of the health care provider. These include:
- A period of incapacity due to disability related to pregnancy, or prenatal care
- Chronic conditions requiring treatment by a health care provider
- Long-term conditions requiring supervision
- Non-chronic conditions that if left untreated could become serious
Specific Notice

The process of notifying an employee that his or her leave is FMLA qualifying. Employers may use DOL Form WH-381.
Workers' Compensation

Workers' Compensation is a compulsory insurance that provides no-fault income replacement and health care benefits for injuries and illness that are job related.
Worksite

The single site of employment to which an employee is assigned or to which he or she reports.