FMLA Administration

Briefly, the Family Medical Leave Act of 1993 requires that Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition.

During any period that an eligible employee takes leave (as defined under Section 102 of the IRC), the employer is required maintain/continue coverage under any "group health plan" (as defined in section 5000(b)(1) of the IRC of 1986) for the duration of the FMLA leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the FMLA leave. The employee on FMLA leave must comply with rules regarding payment of the employee's portion of continued coverage. There are notices and administration required under FMLA and employers often choose to outsource this compliance and customer service responsibility in conjunction with COBRA and State Continuation Services, to Benesyst. For more information on FMLA law itself, go to: http://www.dol.gov/esa/regs/compliance/whd/whdfs28.htm