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The Essential Guide to Family & Medical Leave

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers. This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers.

This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

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chapter 7 | Giving Notice and Designating <strong>Leave</strong> | 125<br />

Tip<br />

Use a form <strong>to</strong> designate leave. Although no particular form is required, it’s<br />

a good idea <strong>to</strong> develop an FMLA designation form—such as the s<strong>amp</strong>le<br />

we provide below (also in Appendix C and on the CD-ROM in the back of<br />

this book)—and use it with every request for leave. This will ensure that<br />

you’re giving the employee all required information and will create a clean<br />

written record for you <strong>to</strong> keep in the employee’s file. (See Chapter 12 for<br />

more on keeping records relating <strong>to</strong> FMLA leave.)<br />

S<strong>amp</strong>le<br />

TO: [Employee’s Name]:<br />

FMLA Designation (Preliminary)<br />

You have requested leave from [Date] <strong>to</strong> [Date]. Based on the information you<br />

provided, the leave you requested is preliminarily designated as FMLA leave.<br />

Please provide the following additional information:<br />

• [other information requested, such as medical certification, proof of family<br />

relationship, and so on]<br />

Once you have provided this information, we will determine whether your<br />

leave is covered by the FMLA. If so, we will issue a final designation <strong>to</strong> that<br />

effect, and the leave you take will be counted against your available FMLA<br />

leave time. If not, we will withdraw this preliminary designation, in writing.<br />

S<strong>amp</strong>le<br />

TO: [Employee’s Name]:<br />

FMLA Designation (Final)<br />

You have requested leave from [Date] <strong>to</strong> [Date]. Based on the information<br />

you provided, the leave you requested is designated as FMLA leave and will<br />

count against your available FMLA leave time.

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