FMLA is a federal law that provides eligible employees at covered employers with unpaid, job-protected leave for qualifying family and medical reasons.
Why FMLA matters for employers
FMLA eligibility depends on both employer coverage, generally tied to headcount within a set radius, and employee-level criteria, including length of service and hours worked. Qualifying reasons include the employee's own serious health condition, caring for a family member with a serious health condition, and the birth, adoption, or foster placement of a child, among other categories defined by the law.
A frequent mistake is assuming FMLA leave must be paid; it is unpaid unless an employer chooses to run paid leave concurrently or a separate state paid leave law applies. Another common error is mishandling intermittent or reduced-schedule leave, which FMLA permits for certain medical conditions but which requires careful tracking against the employee's total leave entitlement. Employers also sometimes fail to maintain group health coverage during FMLA leave or fail to restore the employee to an equivalent position afterward, both of which create legal exposure.
Because FMLA interacts with state leave laws, paid leave programs, and disability accommodation obligations, coordinating leave administration correctly is one of the more complex compliance areas covered employers face.
How BEG helps employers administer FMLA correctly
BEG HR outsourcing, powered by isolved, helps employers track eligibility, documentation, and job restoration obligations under FMLA and related leave laws, at a fraction of the cost of a $60K to $100K in-house HR hire. Look up leave law requirements by state.
Frequently asked questions
Is FMLA leave paid?
No. FMLA guarantees unpaid, job-protected leave. Some states and employers separately provide paid leave benefits that can run alongside FMLA.
Which employers must comply with FMLA?
FMLA generally applies to employers with a minimum headcount threshold within a 75-mile radius, along with public agencies and schools regardless of size.
Does FMLA guarantee the same job back after leave?
It generally guarantees the same or an equivalent position with equivalent pay, benefits, and other terms of employment, subject to certain exceptions defined in the law.
Want leave administration handled correctly?
BEG HR outsourcing, powered by isolved, costs a fraction of an in-house hire. See your exact price in 90 seconds.
About the author
Anthony Moretti is VP of Sales at Business Executive Group, where he builds BEG's HR outsourcing and managed payroll service verticals for employers nationwide. He writes the BEG HR Glossary to give employers plain-English answers on HR and compliance.
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