Many employers dealing with the aftermath of Hurricanes Irma and Harvey wonder how FMLA leave applies during and following a natural disaster. The Family Medical Leave Act does not provide protected leave specifically for natural disasters, but some employees are still entitled to FMLA leave after a natural disaster. Employers need to know how to treat employees on existing leave and understand what changes after a natural disaster and they need to know how to apply FMLA leave to employees dealing with the aftermath of emergencies.

1. F M L A
W H A T E M P L O Y E R S S H O U L D K N O W A B O U T
A F T E R H U R R I C A N E S H A R V E Y & I R M A
P R E S E N T E D B Y S W I P E C L O C K

2. F M L A &
N A T U R A L
D I S A S T E R
FMLA Does not provide
specific protected leave for
natural disasters, BUT there
employees may be eligible for
leave after a natural disaster
for specific reasons

3. E M P L O Y E R S C A N
P R O V I D E L E A V E
without FMLA leave available
PTO Personal
Days
Vacation
LEAVE MUST BE ADIMINSTERED IN A NON-DISCRIMNATORY MANNER

4. FMLA
FMLA Leave must be documented to protect the business
and the employee.

5. F M L A L E A V E
1. Disaster's can injure employee
and cause a serious medical
condition requiring at least 1
overnight stay in a hospital or
other facility.
Mental and physical serious injury
apply

6. F M L A L E A V E
2. Serious, chronic health
conditions can be triggered.
Such as chronic anxiety
Employees must be unable to
perform their work tasks from the
serious health condition

7. F M L A L E A V E
3. Employees may need to care for
a family member with a serious
health condition
This is true even if the need is
caused by the disaster
For example employee needs to
help care for family while the
power is out.

8. W H A T T O D O
W I T H
E M P L O Y E E S
C U R R E N T L Y O N
F M L A W H E N
D I S A S T E R
S T R I K E S ?
FMLA leave may be suspended
depending on the situation:

9. E X I S T I N G
F M L A L E A V E
W H E N A
B U S I N E S S I S
O P E N
As long as the Business is open,
during or following a natural
disaster, FMLA Leave continues as
normal

10. E X I S T I N G
F M L A
B U S I N E S S I S
C L O S E D
< 1 W E E K
FMLA Leave is Used as Normal.
FMLA allows for partial week
closures such as Holidays and
other events.

11. E X I S T I N G
F M L A
B U S I N E S S
I S C L O S E D
> 1 W E E K
FMLA Leave is suspended until the
Business reopens and the
employee could return to work if
desired.

12. Confidence is preparation.
Everything else is beyond your
control
• • •
RICHARD KLINE

13. L E T S W I P E C L O C K
H E L P
SwipeClock provides award-winning software that keeps
businesses compliant and retains records automatically

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