Anthony LaFaziaCEO, Atlantic Training · CEO at Atlantic Training | EdTech & Safety Compliance Leader

Navigating FMLA: A Guide to Supporting Your Team’s Wellbeing and Rights

6 Feb 2026 · 3 min

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2:58

The video provides a detailed walkthrough of key Family and Medical Leave Act (FMLA) compliance obligations for employers after an employee’s leave is designated as FMLA. It explains that employees must receive a designation notice outlining the amount of FMLA leave, whether paid leave substitution is required, and any fitness‑for‑duty certification needed. The speaker outlines the four permissible methods for defining the 12‑month leave year—calendar year, fiscal year, anniversary of employment, anniversary of first FMLA leave, or a rolling 12‑month period—and stresses that the chosen method must be applied uniformly. It clarifies that time when employees are not expected to work (e.g., a company‑wide shutdown) does not count against FMLA entitlement. The rules for substituting earned paid leave with FMLA leave are described, noting that substitution can be employee‑requested or employer‑mandated, must be concurrent, and remains FMLA‑protected. The presentation then covers the employer’s duty to maintain group health‑plan coverage for employees on FMLA leave, including medical, dental, mental‑health, and substance‑abuse benefits, while noting that other benefits such as holiday pay are at the employer’s discretion. Exceptions to continued coverage are listed (e.g., termination would have occurred but for the leave). Finally, the speaker details recordkeeping requirements: employers must retain FMLA‑related records for at least three years, including employee identifying information, leave dates and hours, notices, benefit documents, premium payments, dispute records, and confidential medical certifications kept separate from personnel files.

Chapters

What happens once the leave is designated as FMLA? Well, first, the employee must be given a designation notice that includes the amount of FMLA leave designated. Whether the employee is required to substitute paid leave for FMLA and whether they will need to submit a Fitness for Duty certification to return to work. Since employees are eligible for leave in a 12-month period, any FMLA leave that extends beyond the 12 months counts towards the following period. Employers can use one of four methods in determining the 12-month period or leave year. This can be the calendar year, the company's fiscal year, or 12 months from the employee's start date, 12 months from the first day of the employee's FMLA leave, or a rolling 12-month period counting backwards from the first day of leave. Whichever method is chosen must be applied to all employees. Time when an employee is not expected to be at work can't be counted towards FMLA leave. For example, if a business shuts down for 2 weeks over the winter holidays, that time doesn't count against the employee's FMLA leave, as they wouldn't have been expected to be at work anyway. Paid leave can be substituted for FMLA leave at either the employee's request or when mandated by the employer. Substituted paid leave means that the paid leave is used concurrently with the unpaid leave and is still FMLA protected. The employees must have earned the paid leave and will be paid according to the company's leave policy. Employers must also maintain the group health plan coverage of any employee on FMLA leave. This means that employees on FMLA leave must be given the same coverage they would have received if they weren't on leave. This includes coverage for medical, surgical, hospital, dental, eye, mental health, and substance abuse care if included on the group health plan. Continued coverage only applies to group health plans. And any other benefits like holiday pay are left up to the individual employer. If the benefit plan or packet changes when the employee is on leave, they are entitled to the new coverage. The obligation to maintain health benefits ceases if employment would have been terminated had they not been on leave, like a reduction in force, the employee says they don't intend on returning to work, the employee doesn't return to work after leave, or they continue their leave after using the full FMLA entitlement in 12 months. Employers must keep records related to FMLA leave in no less than 3 years and must submit them if requested by the Department of Labor. These records should include identifying employee data like names, addresses, pay rate, work hours, wage additions and deductions, and total compensation. They should also have the dates of FMLA leave, hours taken, and copies of the provided notices. Any documents outlining employee benefits and employer policies, premium payments for employee benefits, and records of any disputes regarding the leave. Medical certification documents should be kept as part of a confidential file, separate from the personnel files.