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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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184 | the essential guide <strong>to</strong> family and medical leave<br />

Caution<br />

Compassion is the order of the day. An employee who needs emergency<br />

leave is typically facing a very <strong>to</strong>ugh situation—often, a sudden injury or<br />

illness or a difficult birth. Although it’s important <strong>to</strong> fulfill your notice<br />

obligations, don’t go overboard trying <strong>to</strong> get the employee <strong>to</strong> do the<br />

same. Be sensitive <strong>to</strong> the employee’s situation, and do what you can <strong>to</strong> get<br />

the information you need without being demanding or intrusive.<br />

Covering an Employee’s Duties During <strong>Leave</strong><br />

As a manager, you’re responsible not only for administering an employee’s<br />

FMLA leave properly, but also for making sure the employee’s work<br />

gets done. If you’re wondering how other managers do it, here’s the<br />

answer: According <strong>to</strong> a nationwide survey conducted in 2000, almost all<br />

employers—98.3%, <strong>to</strong> be exact—covered the work of an employee on leave<br />

by assigning it <strong>to</strong> coworkers, at least in part; some (slightly more than 40%)<br />

also hired temporary replacements <strong>to</strong> help cover the workload. And, for the<br />

most part, coworkers were not resentful about having <strong>to</strong> take on this extra<br />

work: A whopping 85% of employees said that a coworker’s use of FMLA<br />

leave had a positive or neutral impact on them.<br />

One likely reason many employers simply divvy up the work of employees<br />

on leave is that employees tend <strong>to</strong> come back fairly quickly. <strong>The</strong> same survey<br />

showed that the median length of FMLA leave was only ten days—the<br />

equivalent of a two-week vacation.<br />

When it’s time <strong>to</strong> decide how <strong>to</strong> handle an employee’s workload during<br />

his or her leave, these statistics provide some reassurance. As we all know,<br />

however, statistics give only a general picture. Every situation is different,<br />

and you’ll have <strong>to</strong> consider all of the facts and circumstances when trying <strong>to</strong><br />

figure out how <strong>to</strong> get the work done.

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