Running a business is one of the most fulfilling experiences any of us can have, but there is usually an enormous amount of effort involved—as well as stress. Unless you have one of those rare, one-person, easy to handle operations, chances are you cannot go it alone and you will need to hire staff for your business. Working with a group of others who know their jobs, take pride in their employment, and look forward to showing up each day can be another one of the most rewarding experiences in life, and you may find that the people you work with become friends, and eventually—family.

A happy and motivated staff will be reflected in your business, and its growth. And while you must handle a long list of tasks daily, as well as setting goals and acting as a visionary, understanding your role as an employer and the legal aspects involved is imperative. Understanding the Family and Medical Leave Act is a perfect example, as it outlines what is expected of you by federal law.

Enacted in 1993, the FMLA is meant to allow employees the legal right to take time out from work to be with their families when needed or to take time out for health issues, encouraging the balance needed on an individual basis. This only applies to companies with at least 50 employees—and for those individuals to be eligible for coverage under the FMLA, they must have worked for you for a year, and completed 1,250 hours. This type of leave is unpaid, although you may allow (or even ask employees) them to use what paid leave they have first.

The Department of Labor states that eligible employees may take up to 12 workweeks off in one year for the following:

• The birth of a child or one that has been placed with them after adoption or approval for foster care.
• To take care of a spouse, child, or parent who is suffering from a serious health problem.
• For a serious health problem that makes the employee unable to do their job—also including incapacity due to pregnancy.
• For any ‘qualifying exigency’ after a family member is called to active duty or call to covered active duty status.

Employers must also offer employees their same or ‘equivalent’ job when they return to work.

“The law sets requirements for notice, by both the employee and the employer, and provides employers with the right to require certification of the need for FMLA leave in certain circumstances. The law protects employees from interference and retaliation for exercising or attempting to exercise their FMLA rights. The law also includes certain employer recordkeeping requirements,” states the Department of Labor in their Employer’s Guide to the Family and Medical Leave Act.

Call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com if you need legal advice regarding FMLA or other business issues. We are here to help!