What is FMLA? An Employer’s Guide to Responsibilities

FMLA continues to be a major focus for employers, with HR teams playing a central role. With detailed regulations in place and the potential for updates, the challenge is ensuring employee leave is managed correctly, records are accurate, and policies comply with the law.

Knowing the rules is critical. For employers, this understanding turns FMLA from a simple compliance requirement into a framework for supporting employees while safeguarding the organization. Below, we outline the key employer responsibilities and what your team needs to know to stay compliant.

What is the Family and Medical Leave Act (FMLA), and how does it work?

The Family and Medical Leave Act (FMLA) is a federal law that requires "covered" employers to provide eligible employees with up to 12 weeks of unpaid leave for reasons such as the birth of a newborn child, adoption, foster care, caring for a child, parent, or spouse with a serious medical condition, or for the employee’s own serious medical condition.

While employees often view FMLA as a benefit, employers need to see it as a compliance requirement that directly affects workforce planning, benefits administration, and legal risk.

In addition to granting eligible employees the entitlement to leave, the FMLA requires covered employers to continue an employee’s health benefits during leave and return them to the same or an equivalent job once the leave ends.

The law also sets rules for how employees and employers give notice, allows employers to request medical certification in some cases, and requires employers to keep proper records to show compliance.

To fully stay compliant, organizations can reach out to consultants from Salary.com for guidance on evaluating their benefits programs, reviewing leave policies, and ensuring all FMLA obligations are met efficiently.

Covered employers under the FMLA

The FMLA applies only to covered employers. Covered employers must provide FMLA benefits and protections to eligible employees and comply with other responsibilities required under the FMLA.

1. Private sector employer

   A private-sector employer is covered if it has 50 or more employees for at least 20 workweeks in the current or previous year. Employees counted include full-time, part-time, temporary, and seasonal workers in the United States. Once an employer meets this threshold, it remains covered for both the current and next year.

2. Public agency

   Public agencies are always covered, no matter how many employees they have. This includes federal, state, county, and city governments, as well as political subdivisions and interstate agencies.

3. Federal government

   Most federal employees are covered by the Office of Personnel Management. The Wage and Hour Division covers certain employees, including those in the U.S. Postal Service, the Postal Regulatory Commission, the Federal Aviation Administration, and parts of the judicial branch.

4. Schools

   Schools are always covered regardless of size. This includes public school boards, public elementary and secondary schools, and private elementary and secondary schools.

   Other situations may also make an employer covered under the FMLA:

5. Integrated employers: Separate businesses can be treated as one employer if they share management, operations, labor relations, and ownership. All employees from the related businesses are counted together.

6. Joint employers: If two businesses share control of an employee’s work (such as a staffing agency and its client), both are considered employers and must count the employee.

7. Successor employers: A business that takes over another may be covered if it continues similar operations, jobs, and workforce.

Whether you're covered or not, having a strong pay and benefits program can help attract and retain employees while staying compliant. Salary.com consultants can design programs that support employees, maintain compliance, and provide a competitive advantage.

Employer responsibilities under the FMLA

Covered employers under the FMLA must follow federal rules, provide eligible employees with job-protected leave, and honor their rights under the law.

For guidance about FMLA compliance and employee benefits, Salary.com consultants can assess your current programs, identify compliance gaps, and recommend strategies that protect your organization while supporting employees.

1. Required benefits

   When an employee is approved for FMLA leave, the employer must:

   • Protect the employee’s job during the leave period.

   • Maintain the employee’s access to group health benefits.

   Employers are also prohibited from discriminating against or interfering with employees who take FMLA leave.

2. Required notification

   It is important for covered employers to provide clear and accessible information about FMLA rights and obligations.

   • Posters

     If an establishment is covered, an FMLA poster must be displayed where all employees and applicants can see it. The notice must be placed in a visible and common area of the organization and outline the basic provisions of the FMLA. Failure to display the poster can result in a civil money penalty.

     The official FMLA poster is available from the Department of Labor and can be printed or posted electronically.

   • Notice in employee handbooks

     If any employees are eligible for the FMLA, an overview of the FMLA must be included in an employee handbook or provided as a handout. The document must contain the same information as the FMLA poster and may be distributed electronically.

   • Eligibility notice

     When an employee first requests FMLA leave, employers must provide a notice of eligibility within five days, either orally or in writing. The notice must:

     • State whether the employee is eligible for FMLA.

     • Provide at least one reason if the employee is not eligible.

   • Rights and responsibilities notice

     Along with the eligibility notice, employers must provide a written rights and responsibilities notice, which may be sent electronically. The Department of Labor’s Form WH-381 can be used to meet this requirement.

3. FMLA forms

   Employers may ask employees to verify the reason for their leave. The Department of Labor provides optional certification forms to confirm health conditions or military service, though employers may also create their own.

4. Recordkeeping requirements

   Covered employers must keep records for at least three years. Records may be stored in any format and must be available for Department of Labor review if requested.

   Required records include:

   • Payroll and employee data (name, address, job, pay, hours, wages, deductions).

   • Dates and hours of FMLA leave.

   • Copies of FMLA notices between employer and employee.

   • Policies on leave and benefits, including premium payments.

   • Records of disputes about FMLA leave.

   Employers must also follow confidentiality requirements:

   • Medical certifications must be kept confidential and stored separately from personnel files.

   • Access is limited to supervisors (work restrictions), safety staff (emergencies), and government investigators.

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   Employers need to comply with special rules in certain cases:

   • Employers outside FLSA coverage may rely on written agreements about normal schedules.

   • Employers with no eligible employees need only maintain basic payroll records.

   • Airline flight crew employers must also keep records of monthly guarantees, collective bargaining agreements, and hours worked/paid.

FMLA: FAQs

Here are some frequently asked questions about the FMLA:

What recordkeeping is required?

As mentioned earlier, covered employers must keep records for at least three years showing FMLA compliance. Required records include:

• Employee and payroll information: name, address, job, pay, hours worked, deductions, and total compensation.

• FMLA leave details: dates of leave, hours if taken in less than a day, leave requests, and notices between employer and employee.

• Policies and benefits: documents about paid or unpaid leave, benefit payments, and any disputes over FMLA leave designation.

How much leave must the employer allow?

Under the FMLA, a covered employer must provide eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain medical or family reasons.

Can the FMLA leave be paid or unpaid?

FMLA leave is generally unpaid. However, an employee can choose, or an employer can require, the use of accrued paid leave, such as vacation, sick, or family leave, during FMLA leave. Employees must follow the employer’s normal leave rules, and any paid leave used for FMLA purposes remains FMLA-protected.

Can employers request medical certification?

Yes. Employers can require an employee to provide a healthcare provider’s certification to support the need for FMLA leave, whether it is for the employee’s own serious health condition or to care for a covered, immediate family member.

What are the requirements for employee eligibility under the FMLA?

Employees are eligible for FMLA leave if they have worked for their employer for at least 12 months, logged at least 1,250 hours in the past year, and work at a location with 50 or more employees within 75 miles. Hours worked are calculated using the same rules as the FLSA for compensable hours.