Non-FMLA Medical Leave: Best Practices for HR Teams

Taking a medical leave of absence can be a vital step in the recovery process for an ill or injured employee. Eligible employees can take up to 12 weeks of leave in a 12-month period under the Family and Medical Leave Act (FMLA). But what if they don't meet the FMLA eligibility requirements, or they qualify for a different type of leave instead?

Non-FMLA medical leave doesn’t offer the same automatic entitlements or protections as FMLA leave. However, it may still be protected under the ADA, state leave laws, paid sick leave requirements, workers’ compensation rules, or company policy.

Here’s what human resources teams should do when an employee takes non-FMLA leave for a medical condition, and how leave of absence software can help.

What Is Non-FMLA Medical Leave?

Non-FMLA medical leave refers to a leave of absence for medical reasons that isn’t covered by the Family and Medical Leave Act (FMLA). This could be because the employee isn’t eligible for FMLA, has used up their FMLA leave, or has short-term medical needs rather than a serious or chronic condition.

Some short-term medical needs may not meet FMLA’s serious health condition standard, though HR should still review the facts before treating the request as non-FMLA leave.

Non-FMLA medical leave may include paid leave, unpaid leave, or sick time and may be covered by other state or federal laws or company policies.

FMLA Leave vs. Non-FMLA Medical Leave

Every medical leave request should be assessed individually to determine whether or not FMLA protections apply. While each case is different, there are a few distinctions between FMLA leave and non-FMLA leave for HR teams to keep in mind:

• Duration: Eligible employees may take up to 12 weeks of FMLA leave within a 12-month timeframe. This includes any intermittent leave periods. Non-FMLA medical leave may be for a longer or shorter period of time.
• Job protection: FMLA provides job-protected leave, meaning an employee has the right to reinstatement when they return. The employee’s job may not be protected on non-FMLA medical leave.
• Qualifying reasons: FMLA pertains to the employee’s own serious health condition or that of a family member. Non-FMLA medical leave may have different qualifying conditions.
• Health benefits: An employee can keep their coverage while on FMLA leave, as long as they pay their share of health insurance premiums. Other categories of leave may not offer the same protections.

When Non-FMLA Medical Leave Applies

Why would an employee take non-FMLA medical leave if FMLA offers them more protections? Here are a few reasons why it may be the best or only option:

Not Eligible for FMLA

Both full-time and part-time employees are eligible for FMLA. Employees must work for a covered employer, have worked for that employer for at least 12 months, have at least 1,250 hours of service during the 12 months before leave starts, and work at a location where the employer has at least 50 employees in a 75-mile radius.

If an employee isn’t eligible for FMLA, they may need to request medical leave under state leave law or company policy instead.

Exhausted FMLA Leave

An employee may have used all 12 workweeks of FMLA leave for another qualifying reason, such as parental leave, leaving nothing left for medical leave until the next 12-month period. They may need to take sick leave or personal leave instead.

Short-Term Medical Needs

FMLA typically applies if an employee has a medical condition that requires continuing treatment or inpatient care at a medical care facility. For short-term medical conditions, non-FMLA sick leave may be more appropriate. The FMLA 3-day rule is one factor HR may consider when making that distinction.

ADA-Related Leave Accommodations

Some medical conditions meet the definition of an impairment or incapacity under the Americans with Disabilities Act (ADA). If an employee requests leave for a disability-related reason, HR should assess whether the FMLA applies and, when appropriate, also engage in the ADA interactive process.

Company Leave Policies

Sometimes a company’s leave policies may overlap with FMLA. An employee may be able to use paid sick time or personal leave even if they qualify for FMLA.

Non-FMLA Medical Leave Best Practices

Non-FMLA medical leave can be just as complex as FMLA leave. But while FMLA has its own guidelines to adhere to, non-FMLA medical leave may require you to keep up with leave laws in multiple states. From paid family leave to company policies, here’s how to meet your obligations as an employer and ensure compliance:

Documentation

The moment you receive an employee’s leave request, document it. If necessary, you can request a medical certification from their health care provider to determine if FMLA does or doesn’t apply. The employee has 15 calendar days to provide it.

Once you have enough information, send any required notices, including a designation notice when applicable, to confirm whether the leave will be treated as FMLA-protected.

Consistency

Employee leave requests should be handled consistently, even if different laws apply. Some employees might be entitled to FMLA leave, and others might not; the key is to hold them all to the same standards to avoid accusations of bias or retaliation.

Communication

Clear communication helps you process non-FMLA medical leave cases efficiently. Ask employees for advance notice when possible, and try to establish a return date, even if it’s just an estimate. Use automated email and SMS notifications to remind employees of important dates and request medical recertification when appropriate.

Coordination

Sometimes you may need to coordinate multiple types of leave: paid family leave that overlaps with FMLA, or ADA leave that continues when FMLA leave is exhausted. Use a leave of absence tracker to monitor leave balances and track different types of leave accordingly. Leave management software can help you keep it all in line.

How Leave Management Software Helps HR Teams Manage Non-FMLA Medical Leave

Manual leave administration costs mid-size employers $112,600 a year; automation reduces the time spent on each case from hours to minutes. Here are some of the time-consuming processes that leave management software can help with:

Field Leave Requests

The easier it is for employees to request medical leave, the more likely they are to provide advance notice and avoid surprises. When you use Pulpstream for leave management, employees can dial a number or scan a QR code for easy access to a branded leave request portal — no passwords or multi-page forms: just efficiency.

Assess Eligibility

The more leave laws you have to comply with, the longer it can take to determine an employee’s eligibility. Pulpstream’s automated eligibility checker reviews each case against multiple leave laws so you don’t have to become an expert in all 50 states.

Improve Compliance

Both FMLA and non-FMLA medical leave can present compliance risks. From failing to honor an employee’s leave entitlement to mishandling cases of FMLA abuse or fraud, the cost of non-compliance is high. Pulpstream maintains an audit-ready paper trail of each case to demonstrate that you’ve done your due diligence along the way.

Streamline Non-FMLA Medical Leave With Pulpstream

Non-FMLA medical leave is a leave of absence that isn’t covered by the Family and Medical Leave Act (FMLA). Employees may take non-FMLA medical leave because they don’t qualify for FMLA, they’ve used up all of their FMLA leave, or they have a short-term health need that doesn’t meet the criteria of an ongoing condition.

Paid family leave, ADA leave, and company policies can all fill in the gap when FMLA leave doesn’t apply, but they may have different eligibility criteria and protections. HR teams can use leave of absence management software to field requests and ensure compliance.

Request a demo today to see how Pulpstream can help.