the essential guide to family and medical leave (2007)

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the essential guide to family and medical leave (2007)

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[...]... and reputation 10 | the essential guide to family and medical leave 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 family and medical leave by, for example,... information 4 | the essential guide to family and medical leave 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 | 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 with personal and family 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 to the company Mishandling family and medical 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 essential guide to family and medical leave 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 essential guide to family and medical leave Complying with the FMLA can be a challenge, but the materials... Coverage— And How to Avoid Them 33 2 16 | the essential guide to family and medical leave 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 essential guide to family and medical leave 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 family and medical leave law, and/ or the Americans With Disabilities Act and the 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. Anemployeewhoneeds leave isalsocoveredbyworkers’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

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  • 1413306713

  • 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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