The Essential Guide to Family & Medical Leave

by Guerin, Lisa

• ISBN13: 9781413310337
• ISBN10: 1413310338
• Edition: 2nd
• Format: Paperback
• Copyright: 2009-07-24
• Publisher: Ingram Pub Services

Summary

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 Requires	p. 4
Your Obligations as a Manager	p. 5
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?
Calculating the Size of Your Company	p. 19
Joint Employers and the FMLA	p. 22
If Your Company Is Covered	p. 29
Common Mistakes Regarding Employer Coverage-And How to Avoid Them	p. 33
Is the Employee Covered by the FMLA?
Employee Eligibility, Step by Step	p. 37
Keeping Track of Employees' Work Hours	p. 46
Common Mistakes Regarding Employee Coverage-And How to Avoid Them	p. 50
Leave for a Serious Health Condition
Your Role in Identifying a Serious Health Condition	p. 55
What Is a Serious Health Condition?	p. 57
Leave for Employee's Own Serious Health Condition	p. 69
Leave for a Family Member's Serious Health Condition	p. 71
Common Mistakes Regarding Serious Health Conditions-And How to Avoid Them	p. 78
Leave for a New Child
Leave for Birth	p. 81
Common Mistakes Regarding Leave for a New Child-And How to Avoid Them	p. 95
Military Family Leave
Leave for a Qualifying Exigency	p. 102
Leave to Care for an Injured Service Member	p. 111
Potential Mistakes Regarding Military Family Leave-And How to Avoid Them	p. 119
How Much Leave Can an Employee Take?
Counting the 12-Month Leave Year	p. 123
How Many Weeks May an Employee Take?	p. 129
Counting Time Off as FMLA Leave	p. 134
Intermittent and Reduced-Schedule Leave	p. 135
Common Mistakes Regarding Leave Duration-And How to Avoid Them	p. 147
Giving Notice and Designating Leave
Counting Time Off as FMLA Leave	p. 153
Individual Notice Requirements	p. 159
Employee Notice Requirements	p. 167
Common Mistakes Regarding Giving Notice and Designating Leave-And How to Avoid Them	p. 175
Certifications
Types of Certifications	p. 181
Requesting Certification	p. 179
After You Receive the Certification	p. 157
Common Mistakes Regarding Medical Certifications-And How to Avoid Them	p. 208
Managing an Employee's Leave
Scheduling Leave	p. 213
Covering an Employee's Duties During Leave	p. 218
Continuing Employee Benefits During Leave	p. 224
Managing Intermittent Leave	p. 231
Requesting Status Reports	p. 236
Disciplining or Firing an Employee During Leave	p. 239
Common Mistakes Regarding Managing Leave-And How to Avoid Them	p. 241
Reinstatement
The Basic Reinstatement Right	p. 247
Fitness-for-Duty Certifications	p. 253
Restoring Pay and Benefits	p. 255
When Reinstatement Might Not Be Required	p. 261
When Employees Don't Return From Leave	p. 272
Common Mistakes Regarding Reinstatement-And How to Avoid Them	p. 275
How Other Laws Affect FMLA Leave
Federal Laws	p. 283
State Laws	p. 296
Common Mistakes Regarding Other Laws and Benefits-And How to Avoid Them	p. 308
Record-Keeping Requirements
Why You Should Keep Records	p. 317
Keeping Track of Company Workforce FMLA Data	p. 318
Individual Employee Records	p. 319
Medical Records	p. 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 Them	p. 325
Glossary	p. 327
State Laws and Departments of Labor
State Laws	p. 339
State Departments of Labor	p. 376
Company Policies Regarding FMLA Leave
How Your FMLA Policy Affects Company Obligations	p. 393
Forms and Checklists
Forms
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 Member	p. 403
FMLA Hours Worked	p. 405
FMLA Leave Tracking for [Employee Name]	p. 407
Calculating Intermittent/Reduced-Schedule Leave	p. 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 Certification	p. 431
Notice to Key Employee of Substantial and Grievous Economic Injury	p. 433
Notice of Termination of Group Health Coverage	p. 435
Checklists
Does the FMLA Apply to My Company?	p. 437
Is the Employee Eligible for FMLA Leave?	p. 438
Leave for a New Child	p. 439
Duration of Leave	p. 441
Giving Notice and Designating Leave	p. 443
Certifications	p. 445
Managing FMLA Leave	p. 447
Reinstating an Employee	p. 449
If an Employee Doesn't Return From Leave	p. 452
Record Keeping	p. 453
How to Use the CD-ROM
Installing the Form Files Onto Your Computer	p. 457
Using the Word Processing Files to Create Documents	p. 458
Using U.S. Department of Labor Forms	p. 461
Using the Spreadsheet	p. 462
Listening to the Audio Files	p. 464
List of Forms Included on the Forms CD-ROM	p. 465
Index
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