The Essential Guide to Family & Medical Leave

by Guerin, Lisa; England, Deborah C.

• ISBN13: 9781413313956
• ISBN10: 1413313957
• Edition: 3rd
• Format: Paperback
• Copyright: 2012-07-31
• Publisher: Ingram Pub Services

Summary

Manage FMLA leave with this indispensable guide -- respect employees' rights and protect your business' interests The Family Medical Leave Act (FMLA) is a law with a noble purpose: To help employees balance the demands of work and family. But the FMLA can be difficult to apply in the real world, especially when other laws -- such as workers' compensation statutes or state leave laws -- also come into play. Any misstep can create needless frustration for both managers and employees. Fortunately, The Essential Guide to Family & Medical Leaveprovides all the information and forms you need to comply with the FMLA in plain English. It answers vital questions, such as: . Who qualifies for leave? . How much leave can employees take? . What are the employee's-and the company's-notice obligations? . What are a company's obligations to an employee on leave? . How can a company minimize disruptions? The Essential Guide to Family & Medical Leave also includes checklists, forms and worksheets, as well as audio dialogues that show how to communicate effectively with employees who need to take leave. Let the practical strategies in The Essential Guide to Family & Medical Leavehelp you meet your legal obligations to employees, while also meeting your company's needs. This edition has been revised to cover extensive changes in the law, including available leave for family members of those serving in the military and changes in FMLA regulations. Plus, you'll get the latest information about family and medical leave laws in your state. - All forms can be downloaded from Nolo.com

Author Biography

Lisa Guerin is the editor of several Nolo books, including The Manager's Legal Handbook. She has practiced employment law in government and private practice. Deborah C. England has litigated employment cases for 20 years and has published numerous articles and essays on employment and civil rights law. Both authors live in the San Francisco Bay Area.

Table of Contents

An Overview of Family and Medical Leave	p. 1
What the FMLA Requires	p. 3
Your Obligations as a Manager	p. 4
How Other Laws and Company Policies Come Into Play	p. 11
How to Use This Book	p. 15
Is Your Company Covered by the FMLA?	p. 17
Calculating the Size of Your Company	p. 19
Joint Employers and the FMLA	p. 22
If Your Company Is Covered	p. 28
Common Mistakes Regarding Employer Coverage-And How to Avoid Them	p. 32
Is the Employee Covered by the FMLA?	p. 35
Employee Eligibility, Step by Step	p. 37
Keeping Track of Employees' Work Hours	p. 47
Common Mistakes Regarding Employee Coverage-And How to Avoid Them	p. 50
Leave for a Serious Health Condition	p. 53
Your Role in Identifying a Serious Health Condition	p. 55
What Is a Serious Health Condition?	p. 56
Leave for Employee's Own Serious Health Condition	p. 69
Leave for a Family Member's Serious Health Condition	p. 70
Common Mistakes Regarding Serious Health Conditions-And How to Avoid Them	p. 77
Leave for a New Child	p. 79
Leave for Birth	p. 83
Leave for Adoption	p. 84
Leave for Placement of a Foster Child	p. 85
Parental Certifications	p. 86
Timing of Parenting Leave	p. 86
Intermittent or Reduced-Schedule Leave	p. 88
Substitution of Paid Leave	p. 90
Parents Who Work for the Same Company	p. 91
Combining Parenting Leave With Leave for a Serious Health Condition	p. 93
Common Mistakes Regarding Leave for a New Child-And How to Avoid Them	p. 96
Military Family Leave	p. 101
Leave for a Qualifying Exigency	p. 104
Leave to Care for an Injured Servicemember	p. 114
Potential Mistakes Regarding Military Family Leave-And How to Avoid Them	p. 121
How Much Leave Can an Employee Take?	p. 125
Counting the 12-Month Leave Year	p. 127
How Many Weeks May an Employee Take?	p. 134
Counting Time Off as FMLA Leave	p. 139
Intermittent and Reduced-Schedule Leave	p. 141
Common Mistakes Regarding Leave Duration-And How to Avoid Them	p. 152
Giving Notice and Designating Leave	p. 157
Counting Time Off as FMLA Leave	p. 159
Individual Notice Requirements	p. 165
Employee Notice Requirements	p. 172
Common Mistakes Regarding Giving Notice and Designating Leave-And How to Avoid Them	p. 181
Certifications	p. 185
Types of Certifications	p. 187
Requesting Certification	p. 193
After You Receive the Certification	p. 200
Common Mistakes Regarding Medical Certifications-And How to Avoid Them	p. 211
Managing an Employee's Leave	p. 215
Scheduling Leave	p. 217
Covering an Employee's Duties During Leave	p. 222
Continuing Employee Benefits During Leave	p. 228
Managing Intermittent Leave	p. 235
Requesting Status Reports	p. 241
Disciplining or Firing an Employee During Leave	p. 243
Common Mistakes Regarding Managing Leave-And How to Avoid Them	p. 246
Reinstatement	p. 251
The Basic Reinstatement Right	p. 253
Fitness-for-Duty Certifications	p. 258
Restoring Pay and Benefits	p. 261
When Reinstatement Might Not Be Required	p. 266
When Employees Don't Return From Leave	p. 278
Common Mistakes Regarding Reinstatement-And How to Avoid Them	p. 281
How Other Laws Affect FMLA Leave	p. 287
Federal Laws	p. 290
State Laws	p. 303
Common Mistakes Regarding Other Laws and Benefits-And How to Avoid Them	p. 314
Record-Keeping Requirements	p. 321
Why You Should Keep Records	p. 323
Keeping Track of Company Workforce FMLA Data	p. 324
Individual Employee Records	p. 325
Medical Records	p. 327
Review by the Department of Labor (DOL)	p. 329
Now You're Ready!	p. 330
Common Mistakes Regarding Record Keeping-And How to Avoid Them	p. 331
Glossary	p. 333
Appendixes
State Laws and Departments of Labor	p. 341
Company Policies Regarding FMLA Leave	p. 387
Family and Medical Leave Policy	p. 389
How Your FMLA Policy Affects Company Obligations	p. 399
Using the Interactive Forms	p. 405
Editing RTFs	p. 406
List of Forms and Podcasts	p. 407
Forms
FMLA Policy
Form Regarding FMLA Leave to Care for a Family Member
FMLA Hours Worked
FMLA Leave Tracking
Request for Medical Certification
Notice to Key Employee of Substantial and Grievous Economic Injury
Notice of Termination of Group Health Coverage
Family and Medical Leave Act Poster (English)
Family and Medical Leave Act Poster (Spanish)
Certification of Health Care Provider for Employee's Serious Health Condition
Certification of Health Care Provider for Family Member's Serious Health Condition
Certification of Qualifying Exigency for Military Family Leave
Certification of Serious Injury or Illness of Covered Servicemember for Military Family Leave
Notice of Eligibility and Rights & Responsibilities (Family and Medical Leave Act)
Designation Notice (Family and Medical Leave Act)
Does the FMLA Apply to My Company?
Is the Employee Eligible for FMLA Leave?
Leave for a New Child
Military Family Leave
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
Calculating Intermittent/Reduced-Schedule Leave
Podcasts
FMLA: Policy and Enforcement
FMLA: Management and Requirements
FMLA: The Human Side
The Essential Guide to Family and Medical Leave: Scenario	p. 1
The Essential Guide to Family and Medical Leave: Scenario	p. 2
Recent Changes to the FMLA
Index	p. 411
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