Which employers are covered by the FMLA?

Under 29 USC §2611(4), the FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius for 20 or more workweeks in the current or preceding calendar year. Public agencies and public/private elementary and secondary schools are covered regardless of employee count.

How much leave does FMLA provide?

Eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave per 12-month period for qualifying reasons including the birth or adoption of a child, a serious health condition of the employee or immediate family member, or qualifying military exigency. Military caregiver leave provides up to 26 weeks.

Can an employer require employees to use PTO during FMLA leave?

Under 29 CFR §825.207, an employer may require an employee to substitute accrued paid leave (such as PTO, sick leave, or vacation) for unpaid FMLA leave, but only if the employer has an established policy that explicitly requires this substitution. Without such a policy, the employer cannot force PTO usage.

What job protection does FMLA provide when an employee returns from leave?

Under 29 USC §2614(a), employees returning from FMLA leave must be restored to the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. Employers cannot demote or reassign employees to a lesser role. A limited exception exists for "key employees" — the highest-paid 10% of salaried employees within 75 miles.

What are the penalties for FMLA violations?

Under 29 USC §2617, employers who violate the FMLA may be liable for actual damages (lost wages and benefits), plus an equal amount as liquidated damages (effectively double damages). Employers may also be liable for attorney fees and costs. Willful violations may extend the statute of limitations from 2 years to 3 years.

🇺🇸 联邦FMLA家庭医疗假 · 违规双倍赔偿

你的FMLA合规，
真的做对了吗？

6道场景题，2分钟检测联邦FMLA家庭医疗假合规常见风险

FMLA（家庭与医疗假法案）要求50人以上雇主为符合条件的员工提供每年最多12周无薪假期，并保障复职权利和健康保险。违反FMLA可面临双倍赔偿（实际损失+等额惩罚性赔偿）加律师费。很多雇主在适用门槛、PTO替代、复职权利等关键环节存在合规盲区。

评分说明

高风险题（双倍赔偿/诉讼风险）20分 × 3题

中风险题（流程/认知误区）10-15分 × 3题

满分100 分

📋 覆盖6大FMLA合规风险点⏱ 2分钟完成⚖️ 避免双倍赔偿

免费 · 无需注册 · 每题即时解析

🏛️ 基于 29 USC §2601-2654 & 29 CFR Part 825🔒 数据不上传📋 中英双语

你的FMLA合规，真的做对了吗？

你的FMLA合规，
真的做对了吗？