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Table of Contents
1. An Overview of Family and Medical Leave
What the FMLA Requires
Your Obligations as a Manager
How Other Laws and Company Policies Come Into Play
How to Use This Book
2. Is Your Company Covered by the FMLA?
Calculating the Size of Your Company
Joint Employers and the FMLA
If Your Company Is Covered
Common Mistakes Regarding Employer Coverage—And How to Avoid Them
3. Is the Employee Covered by the FMLA?
Employee Eligibility, Step by Step
Keeping Track of Employees’ Work Hours
Common Mistakes Regarding Employee Coverage—And How to Avoid Them
4. Leave for a Serious Health Condition
Your Role in Identifying a Serious Health Condition
What Is a Serious Health Condition?
Leave for Employee’s Own Serious Health Condition
Leave for a Family Member’s Serious Health Condition
Common Mistakes Regarding Serious Health Conditions—And How to Avoid Them
5. Leave for a New Child
Leave for Birth
Common Mistakes Regarding Leave for a New Child—And How to Avoid Them
6. How Much Leave Can an Employee Take?
Counting the 12-Month Leave Year
Counting Time Off as FMLA Leave
Intermittent and Reduced-Schedule Leave
Common Mistakes Regarding Leave Duration—And How to Avoid Them
7. Giving Notice and Designating Leave
Designating Time Off as FMLA Leave
Individual Notification Requirements
Employee Notice Requirements
Common Mistakes Regarding Giving Notice and Designating Leave—And How to Avoid Them
8. Medical Certifications (Proof of Illness)
What Is a Medical Certification?
Why You Should Always Request a Certification
Procedures and Deadlines for Medical Certifications
After You Receive the Certification
Recertifications
Common Mistakes Regarding Medical Certifications—And How to Avoid Them
9. Managing an Employee’s Leave
Scheduling Leave
Covering an Employee’s Duties During Leave
Continuing Employee Benefits During Leave
Managing Intermittent Leave
Requesting Status Reports
Disciplining or Firing an Employee During Leave
Common Mistakes Regarding Managing Leave—And How to Avoid Them
10. Reinstatement
The Basic Reinstatement Right
Fitness-for-Duty Certifications
Restoring Pay and Benefits
When Reinstatement Might Not Be Required
When Employees Don’t Return From Leave
Common Mistakes Regarding Reinstatement—And How to Avoid Them
11. How Other Laws Affect FMLA Leave
Federal Laws
State Laws
Common Mistakes Regarding Other Laws and Benefits—And How to Avoid Them
12. Record Keeping Requirements
Why You Should Keep Records
Keeping Track of Company Workforce FMLA Data
Individual Employee Records
Medical Records
Review by the Department of Labor (DOL)
Now You’re Ready!
Common Mistakes Regarding Record Keeping—And How to Avoid Them
Glossary
Appendix A: State Laws and Departments of Labor
State Laws
State Departments of Labor
Appendix B: Company Policies Regarding FMLA Leave
How Your FMLA Policy Affects Company Obligations
Appendix C: Forms and Checklists
Forms
Family and Medical Leave Act Poster (English)
Family and Medical Leave Act Poster (Spanish)
Form Regarding FMLA Leave to Care for a Family Member
FMLA Hours Worked
FMLA Leave Tracking for [Employee Name]
Calculating Intermittent/Reduced Schedule Leave
FMLA Designation (Preliminary)
FMLA Designation (Final)
Employer Response to Employee Request for Family or Medical Leave (WH-381)
Certification of Healthcare Provider (WH-380)
Notice to Key Employee of Substantial and Grievous Economic Injury
Request for Medical Certification
Notice of Termination of Group Health Coverage
Checklists
Does the FMLA Apply to My Company?
Is the Employee Eligible for FMLA Leave?
Leave for New Child
Duration of Leave
Giving Notice and Designating Leave
Medical Certifications
Managing FMLA Leave
Reinstating an Employee
If an Employee Doesn’t Return From Leave
Record Keeping
Appendix D: How to Use the CD-ROM
Installing the Form Files Onto Your Computer
Using the Word Processing Files to Create Documents
Using Government Forms
Using the Financial Planning Spreadsheets
Listening to the Audio Files
List of Forms Included on the Forms CD-ROM
Index
Related Products
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[...]... and reputation 10 | theessentialguidetofamilyandmedicalleave How Other Laws and Company Policies Come Into Play The FMLA isn’t the only law you need to consider when employees need time off for family or medical reasons Other federal and state laws might also come into play, depending on the circumstances In addition, a company’s own policies often affect familyandmedicalleave by, for example,... information 4 | the essentialguideto family andmedicalleave These issues and many more like them—come up every day, and managers have to figure out how to handle them legally and fairly, while protecting the company’s interests That’s where this book comes in: It explains, in plain English, exactly how the FMLA works and what it requires Although it can be tricky sometimes to figure out what to do in... .12 How to Use This Book 13 1 2 | theessentialguidetofamilyandmedicalleave T he FamilyandMedicalLeave Act (FMLA) is a law with an undeniably noble purpose: to help employees balance the demands of work with personal andfamily health needs Since the FMLA was enacted in 1993, millions of employees have relied on it to protect their jobs while taking time off to recover from... whether your company is a joint employer Instead, you must look at all the circumstances of the relationship between the two companies to determine whether your company acts like an employer The main factors to consider are whether your company: • has the power to hire and fire some employees of the other company • has the power to set rates and methods of pay of employees of the other company • has the. .. company and all of the other benefits that flow from it, including better morale, stronger retention, and even improved productivity That’s the carrot and here’s the stick: Violating the FMLA can lead to serious trouble And we don’t just mean the morale problems and associated woes that can crop up if employees feel that their needs aren’t important tothe company Mishandling familyandmedical leave. .. deadlines and paperwork requirements on employees who are truly in dire straits Judges and juries are people, too, and they can find ways to enforce the spirit of the law in favor of an employee who needed its protection—even if the employee failed to meet deadlines, give adequate notice, hand in forms on time, or provide required information 8 | the essentialguideto family andmedicalleave L e... the back of the book) • Manager’s Checklists and Flowcharts, which you can use to make sure you’ve considered every important factor when making decisions about key FMLA issues, and • Common Mistakes And How to Avoid Them, which will help you steer clear of legal trouble in applying the FMLA 14 | the essentialguideto family andmedicalleave Complying with the FMLA can be a challenge, but the materials... Coverage— And How to Avoid Them 33 2 16 | the essentialguideto family andmedicalleave C hapter H i g hl i g ht s Your company is covered by the FMLA if it employed 50 or more employees for 20 or more weeks in the current or preceding year E mployees to count toward the 50 or more minimum include: • all full-time employees • all part-time employees • employees on leave if they are expected to. .. outside agency To evaluate whether the FMLA applies to your company, we’ll walk through each of these factors, step by step 18 | the essentialguideto family andmedicalleave Step 1: Does Your Company Employ 50 or More People? It seems like a simple calculation—anyone can add to 50, right? However, when you’re making the calculation, you’ll need to take each of these employees into account: • every... there’s another side to this story Experience has shown that it can be difficult to apply the FMLA when real employees take leave in the real world For example, do you know what to do in these situations? • An employee who needs leave is also covered by workers’ compensation, a state familyandmedicalleave law, and/ or the Americans With Disabilities Act andthe requirements of those laws appear to conflict . www.nolo.com for the latest information. 4 | THE ESSENTIAL GUIDE TO FAMILY AND MEDICAL LEAVE ese issues and many more like them—come up every day, and managers have to figure out how to handle them legally. Book 13 2 | THE ESSENTIAL GUIDE TO FAMILY AND MEDICAL LEAVE T he Family and Medical Leave Act (FMLA) is a law with an undeniably noble purpose: to help employees balance the demands of work. Anemployeewhoneeds leave isalsocoveredbyworkers’compensation, a state family and medical leave law, and/ or the Americans With Disabilities Act and the requirements of those laws appear to conflict with the