The Essential Guide to Family & Medical Leave

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  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2009-07-24
  • Publisher: Ingram Pub Services
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Supplemental Materials

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  • The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.


The Family and Medical Leave Act (FMLA) has an important purpose: to help employees balance the demands of work and family. But the law can be hard to apply in the real world-especially now that the rules for administering it have significantly changed and the FMLA has been expanded to include military family leave.

Author Biography

Lisa Guerin is an editor at Nolo specializing in employment law. She is the author or co-author of several Nolo books, including The Manager's Legal Handbook, The Essential Guide to Federal Employment Laws, and Create Your Own Employee Handbook. Deborah C. England has practiced employment law in San Francisco for more than 20 years, representing clients in litigation in state and federal courts. She has published numerous articles and essays, and spoken frequently, on the topics of employment and civil rights law. Both make their home in the San Francisco Bay Area.

Table of Contents

An Overview of Family and Medical Leave
What the FMLA Requiresp. 4
Your Obligations as a Managerp. 5
How Other Laws and Company Policies Come Into Playp. 11
How to Use This Bookp. 15
Is Your Company Covered by the FMLA?
Calculating the Size of Your Companyp. 19
Joint Employers and the FMLAp. 22
If Your Company Is Coveredp. 29
Common Mistakes Regarding Employer Coverage-And How to Avoid Themp. 33
Is the Employee Covered by the FMLA?
Employee Eligibility, Step by Stepp. 37
Keeping Track of Employees' Work Hoursp. 46
Common Mistakes Regarding Employee Coverage-And How to Avoid Themp. 50
Leave for a Serious Health Condition
Your Role in Identifying a Serious Health Conditionp. 55
What Is a Serious Health Condition?p. 57
Leave for Employee's Own Serious Health Conditionp. 69
Leave for a Family Member's Serious Health Conditionp. 71
Common Mistakes Regarding Serious Health Conditions-And How to Avoid Themp. 78
Leave for a New Child
Leave for Birthp. 81
Common Mistakes Regarding Leave for a New Child-And How to Avoid Themp. 95
Military Family Leave
Leave for a Qualifying Exigencyp. 102
Leave to Care for an Injured Service Memberp. 111
Potential Mistakes Regarding Military Family Leave-And How to Avoid Themp. 119
How Much Leave Can an Employee Take?
Counting the 12-Month Leave Yearp. 123
How Many Weeks May an Employee Take?p. 129
Counting Time Off as FMLA Leavep. 134
Intermittent and Reduced-Schedule Leavep. 135
Common Mistakes Regarding Leave Duration-And How to Avoid Themp. 147
Giving Notice and Designating Leave
Counting Time Off as FMLA Leavep. 153
Individual Notice Requirementsp. 159
Employee Notice Requirementsp. 167
Common Mistakes Regarding Giving Notice and Designating Leave-And How to Avoid Themp. 175
Types of Certificationsp. 181
Requesting Certificationp. 179
After You Receive the Certificationp. 157
Common Mistakes Regarding Medical Certifications-And How to Avoid Themp. 208
Managing an Employee's Leave
Scheduling Leavep. 213
Covering an Employee's Duties During Leavep. 218
Continuing Employee Benefits During Leavep. 224
Managing Intermittent Leavep. 231
Requesting Status Reportsp. 236
Disciplining or Firing an Employee During Leavep. 239
Common Mistakes Regarding Managing Leave-And How to Avoid Themp. 241
The Basic Reinstatement Rightp. 247
Fitness-for-Duty Certificationsp. 253
Restoring Pay and Benefitsp. 255
When Reinstatement Might Not Be Requiredp. 261
When Employees Don't Return From Leavep. 272
Common Mistakes Regarding Reinstatement-And How to Avoid Themp. 275
How Other Laws Affect FMLA Leave
Federal Lawsp. 283
State Lawsp. 296
Common Mistakes Regarding Other Laws and Benefits-And How to Avoid Themp. 308
Record-Keeping Requirements
Why You Should Keep Recordsp. 317
Keeping Track of Company Workforce FMLA Datap. 318
Individual Employee Recordsp. 319
Medical Recordsp. 321
Review by the Department of Labor (DOL)p. 323
Now You're Ready!p. 324
Common Mistakes Regarding Record Keeping-And How to Avoid Themp. 325
Glossaryp. 327
State Laws and Departments of Labor
State Lawsp. 339
State Departments of Laborp. 376
Company Policies Regarding FMLA Leave
How Your FMLA Policy Affects Company Obligationsp. 393
Forms and Checklists
Family and Medical Leave Act Poster (English)p. 499
Family and Medical Leave Act Poster (Spanish)p. 401
FMLA Leave to Care for a Family Memberp. 403
FMLA Hours Workedp. 405
FMLA Leave Tracking for [Employee Name]p. 407
Calculating Intermittent/Reduced-Schedule Leavep. 409
Notice of Eligibility and Rights & Responsibilities (WH-381)p. 411
Designation Notice (WH-382)p. 413
Certification for Health Care Provider for Employee's Serious Health Condition (WH-380-E)p. 415
Certification for Health Care Provider for Family Member's Serious Health Condition (WH-380-F)p. 419
Certification of Qualifying Exigency for Military Family Leave (WH-384)p. 423
Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385)p. 427
Request for Medical Certificationp. 431
Notice to Key Employee of Substantial and Grievous Economic Injuryp. 433
Notice of Termination of Group Health Coveragep. 435
Does the FMLA Apply to My Company?p. 437
Is the Employee Eligible for FMLA Leave?p. 438
Leave for a New Childp. 439
Duration of Leavep. 441
Giving Notice and Designating Leavep. 443
Certificationsp. 445
Managing FMLA Leavep. 447
Reinstating an Employeep. 449
If an Employee Doesn't Return From Leavep. 452
Record Keepingp. 453
How to Use the CD-ROM
Installing the Form Files Onto Your Computerp. 457
Using the Word Processing Files to Create Documentsp. 458
Using U.S. Department of Labor Formsp. 461
Using the Spreadsheetp. 462
Listening to the Audio Filesp. 464
List of Forms Included on the Forms CD-ROMp. 465
Table of Contents provided by Ingram. All Rights Reserved.

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