Expanded Staffing and FMLA Eligibility: Crucial Points for Developing Businesses to Ponder
A local company, currently employing 45 individuals, is set to expand its workforce by 15%, reaching a staff size of 52 employees within the next month. This growth will trigger the need for the company to adhere to Family and Medical Leave Act (FMLA) eligibility and compliance requirements.
Upon reaching 52 employees, the company will become a covered employer under the FMLA, which applies to companies with 50 or more employees for 20 or more workweeks in the current or preceding calendar year.
As a covered employer, the company must provide eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons. Employees are eligible if they 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.
The company will need to develop a comprehensive FMLA policy outlining the procedures for requesting and granting FMLA leave, required documentation, benefit continuation, and job reinstatement. Eligible employees requesting FMLA leave must also receive written notice detailing their specific expectations and obligations.
In addition, 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. Proper records of FMLA leave taken by eligible employees, including dates, hours, and reasons for leave, must be kept for at least three years.
The company must also maintain health insurance continuation for employees during their FMLA leave and ensure job protection upon their return, reinstating them to the same or an equivalent position. Employers can require employees to provide medical certification or supporting documentation for leave.
The development of FMLA policies and the provision of required notices are essential for maintaining compliance with FMLA regulations. Failure to comply can lead to legal penalties and employee grievances.
Preparing for the SHRM Senior Certified Professional (SHRM-SCP) certification exam involves understanding the impact of staff size increases on FMLA eligibility and compliance requirements. A free SHRM-SCP certification exam practice question and answer (Q&A) dump with detailed explanations and references is available, which may help in passing the SHRM-SCP exam and earning the SHRM-SCP certification.
Once the company becomes a covered employer under the FMLA, it is crucial to promptly update its HR policies and communicate the FMLA rights and procedures to employees. The company should also train HR staff and management on recognising FMLA-qualifying events and handling leave requests in compliance with the law.
In summary, the company's growth and subsequent increase in staff size will necessitate the implementation of FMLA policies to protect employees' rights to take leave for family and medical reasons and ensure compliance with FMLA regulations.
Upon reaching 52 employees, the company will need to implement a FMLA policy, as it will become a covered employer under the Family and Medical Leave Act (FMLA), requiring it to provide eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons.
Once the company becomes a covered employer under the FMLA, it is essential to train HR staff and management on recognizing FMLA-qualifying events and handling leave requests in compliance with the law, to maintain business and finance operations in accordance with FMLA regulations.
