Check us out on BrokerCheck           

What is FMLA?

April 29, 2022 | posted by Abacus Payroll

Once your small business reaches the 50-employee milestone, your workforce begins to become eligible for the Family and Medical Leave Act. This provides long-term, unpaid job protection related to certain family and health matters.


What is FMLA?

FMLA, the Family and Medical Leave Act, is a federal law that provides employees with unpaid, job protected leave and benefits continuation in certain circumstances. It generally provides 12 weeks of leave in a 12-month period or it can be more if they are caring for an injured or ill service member.

Click here to download the federal fact sheet on FMLA.

Click here to download the Employer’s Guide to Family and Medical Leave.

Click here to download information on New Jersey’s FMLA provisions.


How do Employees take FMLA leave?

To take FMLA leave, an employee must work for a covered employer, be eligible, and be using the leave for a covered reason.


Eligibility Requirements for FMLA Leave Include:

  • Has worked for the employer for at least 12 months
  • Has worked at least 1,250 hours for the employer in the 12 months before the leave
  • Works at a location where the employer has at least 50 employees within 75 miles

Covered Reasons for FMLA Leave Include:

  • The birth of a child and to care for the newborn child within one year of birth
  • The placement of a child for adoption or foster care and to care for that child within one year of placement
  • To care for the employee’s spouse, child, or parent who has a serious health condition
  • A serious health condition that makes the employee unable to perform an essential function of their job
  • Any qualifying exigency because the employee’s spouse, child, or parent is a military member on active duty

Check with your State

While this article covers the federal FMLA benefit, some states have their own FMLA provisions. When a covered employer is eligible for both state and federal FMLA, they are to comply with the act that provides the greater protection to the employee. Several states offer paid leave and disability programs for certain circumstances, so it is important to check with an HR professional or employment law attorney for the specifics.


HR Resources at your Finger Tips

The above content was mostly provided by the certified HR professionals behind the HR Support Center. If you need more guidance on FMLA compliance, following are additional related resources available with the HR Support Center subscription:

  • Downloadable FMLA Administration Procedure Guide
  • FMLA Paperwork Packet
  • Required FMLA posters
  • Letter templates for benefits continuation, extension, and exhaustion
  • Checklist for FMLA Leave for Baby Bonding, Pregnancy, and Medical leave
  • Family and Medical Leave Act Policy explanation
  • State FMLA law breakdowns
  • and more

Ask your Abacus Payroll specialist today for more information on how our affordable HR platform can supplement your existing payroll processing services. Fill out a quote form today and we’ll get back to you shortly.


Further Reading


About the Author: Abacus Payroll

Abacus Payroll, Inc. is a leading provider of payroll solutions for businesses of all sizes. Whether yours is a family-owned small business or a national corporation, we provide payroll, tax and other financial services on time and at an affordable price. Unlike other payroll providers, Abacus Payroll will assign your very own payroll specialist who will understand your payroll needs inside and out. So no more speaking to a different person each time, no more sitting on hold for hours and most importantly no more missed deadlines! Contact us today to see how we can help your business. You can count on us.