Does FMLA Usage Impact Your Years of Service- Unraveling the Truth Behind Family and Medical Leave Act

Does FMLA Count Towards Years of Service?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. One common question that arises among employees is whether the time taken off under FMLA counts towards their years of service. In this article, we will explore whether FMLA leave is considered when calculating an employee’s years of service.

Understanding FMLA and Years of Service

The Family and Medical Leave Act (FMLA) was enacted in 1993 to provide employees with the opportunity to take time off from work without the fear of losing their jobs. The act covers certain family and medical reasons, such as the birth or adoption of a child, serious health conditions of the employee or their family members, and the need to care for a family member with a serious health condition.

Years of service, on the other hand, refers to the length of time an employee has been employed with a particular employer. This duration is often used to determine eligibility for certain benefits, promotions, and other workplace perks.

Does FMLA Count Towards Years of Service?

The answer to whether FMLA leave counts towards years of service depends on the employer’s policies and the specific circumstances of the employee’s leave. Here are some key points to consider:

1. Employer Policies: While the FMLA itself does not require employers to count FMLA leave towards years of service, many employers choose to do so as a gesture of goodwill or as part of their overall benefits package. It is essential for employees to review their employer’s policies to determine if FMLA leave is considered when calculating years of service.

2. State Laws: Some states have their own family and medical leave laws that may require employers to count FMLA leave towards years of service. Employees should check their state’s laws to see if there are any additional protections or requirements.

3. Continuous Service: In some cases, an employee may be required to have continuous service for a certain period before they can receive certain benefits. While FMLA leave may not count towards years of service for this purpose, it is important to note that the leave is job-protected, meaning the employee’s position will be held for them during their absence.

4. Negotiating with Employers: If an employee is unsure about their employer’s policy regarding FMLA and years of service, they may negotiate with their employer to have the leave counted. This can be done through discussions with HR or by reviewing the employee handbook.

Conclusion

In conclusion, whether FMLA leave counts towards years of service is not a one-size-fits-all answer. It depends on the employer’s policies, state laws, and the specific circumstances of the employee’s leave. Employees should take the time to review their employer’s policies and consult with HR or legal counsel if needed to ensure they understand how their FMLA leave will impact their years of service.