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Requirements of the Family Medical Leave Act

Nevada businesses with substantial numbers of employees must comply with multiple federal laws. One of these is the Family Medical Leave Act. When applicable, this law has major implications on the employer-employee relationship.

According to the United States Department of Labor website, the FMLA provides benefits and protection for certain workers. Covered employees are entitled to take leave for family and medical reasons.  Workers do not need to be paid during this time off. However, these employees cannot lose their jobs as a result of this absence. Additionally, workers are entitled to keep their health benefits while on leave. The FMLA requires employers to maintain records in support of these benefits.

In order to receive basic FMLA leave, employees’ situations must meet certain requirements. As explained by Nevada’s Department of Administration, these entitlements include time off for:

  • Having a child
  • Caring for a sick spouse, parent or child
  • Serious health conditions
  • Qualifying issues that relate to the active military duty of a spouse, parent or child

The DOL’s FMLA Advisor explains that private employers with at least 50 employees; elementary and secondary schools; and federal, state or local governments must comply with this law.

Not all employees of the above employers will be covered by the FMLA. In order to receive coverage, employees must have worked for their employers for at least 12 months within the last 7 years. These months do not have to be consecutive.

Work prior to a break in service of 7 or more years can be counted towards the time requirement under certain circumstances. For example, if the issue is addressed in a written agreement, it may be possible for the employee to overcome the break in service. This contract must include a collective bargaining agreement. 

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