Expanding Businesses and FMLA Eligibility Expansion: Crucial Factors for Growing Companies to Consider in Staff Augmentation
A local company is set to expand its workforce by 15%, growing from 45 employees to 52 employees within the next month. This growth will result in the company becoming a covered employer under the Family and Medical Leave Act (FMLA), requiring the provision of required FMLA notices and the development of FMLA policies.
As a covered employer, the company must comply with specific policy and compliance requirements under the FMLA to protect eligible employees' rights to job-protected leave for qualifying family and medical reasons. Eligible employees who have worked for the company for at least 12 months and have logged at least 1,250 hours of service in the previous 12 months will be entitled to up to 12 weeks of job-protected, unpaid leave for qualifying family and medical reasons, such as birth or adoption of a child, serious health conditions of the employee or family members.
Key factors a company must consider include ensuring compliance with FMLA regulations, providing appropriate notice and certification, and maintaining accurate records of FMLA leave taken by eligible employees. Employers can require employees to provide at least 30 days’ advance notice of leave when foreseeable, and employers may request medical certification from a healthcare provider supporting the need for leave, with employees typically having 15 days to provide this documentation.
Upon return from FMLA leave, employees must be reinstated to their original or an equivalent position with the same pay, benefits, and terms of employment. The company needs to update its employee handbooks and internal policies to reflect FMLA rights and obligations once it crosses the 50-employee threshold. Training HR and management on FMLA compliance and properly managing leave requests is critical to avoid violations.
If the company operates in multiple states or jurisdictions, it must comply not only with the federal FMLA but also with any applicable state or local family and medical leave laws that provide greater employee protections or coverage. When state/local laws are more generous than FMLA, the employer must follow the higher standard.
The FMLA policy should ensure compliance with FMLA regulations and be communicated to all employees. Eligible employees requesting FMLA leave must also receive written notice detailing their specific expectations and obligations. The company must provide required notices and develop an FMLA policy to ensure compliance with FMLA regulations. The company must maintain proper records of FMLA leave taken by eligible employees, including dates, hours, and reasons for leave. These records must be kept for at least three years.
As a covered employer, the company must provide a general notice to employees about their FMLA rights, typically through a poster and either an employee handbook or upon hire. It is essential for the company to ensure compliance with FMLA regulations to avoid potential legal issues and maintain a positive work environment for its employees.
The company, now a covered employer, needs to adhere to specific FMLA policies due to its expansion, which includes providing required FMLA notices, maintaining accurate records of FMLA leave, and training HR and management on FMLA compliance. Additionally, as business growth progresses, the company must consider key factors such as ensuring compliance with FMLA regulations, providing appropriate FMLA notices and certifications, and updating employee handbooks to reflect FMLA rights and obligations.
