Tips for Small Business Owners: the FMLA

The FMLA is also known as the Family and Medical Leave Act. The act mandates that certain eligible employees are entitled to take job-protected (though unpaid) extended leave for family and medical reasons. It is important for small business owners to be aware of the nuances of the FMLA so that your business does not get held in violation.

Those considered covered employers under the FMLA are the following:

-private employers with 40 or more employees, including a joint employer or successor in interest to a covered employer
-public agenciest
-public or private schools

Those considered eligible employees under the FMLA must fulfill the following requirements:

-those that work for covered employers
-has worked for a covered employer for at least a year
-has worked at least 1,250 hours of service for the employer during those 12 months before leave
-works at a location where the employer has at least 50 employees within 75 miles

Eligible employees are entitled to take up to 12 weeks of job protected leave each year if they or an immediate family member falls ill. Employees can also use the FMLA to take leave in cases of pregnancy or adoption. The leave can also be taken in whichever manner best accommodates the employee, whether that be a continuous 12 week absence, a reduced work schedule, or simply a few hours a week off for medical appointmemts.

As a business owner, it is important to be aware whether or not you are a covered employer and to fully follow FMLA guidelines if you are. If your business is not in compliance with the FMLA, the business will be at a significant risk for lawsuits. Covered employers must (1) post a notice explaining employees' rights and responsibilities under the FMLA, (2) include information about the FMLA in their employee handbook and inform employees of it upon getting hired, (3) if an employee requests leave, provide him or her with a notice concerning his or her eligibility for FMLA leave, and (4) notify employees whether leave is designated as FMLA leave and the amount of leave that will be deducted from the employee's FMLA entitlement. Additionally, when an employee returns from FMLA leave, he or she must be restored to his or her previous job or an equivilant one. Not adhering to these guidelines could result in serious consequences for your business, including monetary fines.

If you need assistance with a FMLA related legal matter, feel free to call my office at 718-317-5007.

What Employers Should Know about DOMA

The June 26, 2013 Supreme Court decision to end the Defense of Marriage Act (commonly known as DOMA) means many employers have a new set of responsibilities.

Under the FMLA: 
The U.S. Department of Labor has traditionally held that same-sex couples were not entitled to FMLA benefits because the partners in these couples did not fit the legal definition of a "spouse". As of August 2013, same-sex couples who reside in states where same-sex marriage is legal are now entitled to full FMLA benefits.

Under your company Benefit Plan:
Before the end of DOMA, employer-provided health benefits were calculated as income for same-sex couples because the partners of these couples did not fit the the legal definition of a "spouse" for the federal exemption from income tax for health benefits provided to a spouse. Now, same-sex couples will not longer be federally taxed on the value of their employer-provided health coverage, regardless of what state they reside in.

The end of the Defense of Marriage Act signifies a major change in our society and therefore in law. It is important for employers to stay up to date on what their obligations and responsibilities under the new law. It is wise to contact an attorney who is well versed in employment law if you have any questions or concerns.