Both the Family and Medical Leave Act (FMLA) and Health Insurance Portability and Accountability Act (HIPAA) of 1996 are complex regulations that include much paper work, deadlines and rulings. It is important that those who are responsible for these regulations in a business are thoroughly trained. Information as well as updates are available on line through the Department of Labor and the Department of Health and Human Services for additional information.

             According to the U.S. Department of Labor FMLA (website Q&A), any employer with 50 or more employees must provide any eligible employees up to twelve (12) workweeks of unpaid leave during any twelve- (12)-month period for one or more of the following reasons: 1) for the birth and care of the newborn child of the employee; 2) for placement with the employee of a son or daughter for adoption or foster care; 3) to care for an immediate family member (spouse, child, or parent) with a serious health condition; or 4) to take medical leave when the employee is unable to work because of a serious health condition. .

             FMLA does not require paid time off. The law permits a worker to choose, or the employer to require the worker, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the twelve (12)-week FMLA leave granting if the employee is adequately told of the designation when the leave begins. Further, FMLA and workers' compensation leave can run together, as long as the reason for the absence is due to a qualifying serious illness or injury and the employer adequately tells the worker in writing that the leave will be counted as FMLA leave.

             Employers should notify employees, as well, that pregnancy disability or maternity leave for child birth can be considered qualified as FMLA leave for a serious health condition and counted in the twelve (12) weeks of leave as long as the employee is notified in writing; the employer cannot count leave as FMLA retroactively.