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

Ex<strong>amp</strong>le: Luisa is a salesperson for a company that produces office supplies. She<br />

handles some of the company’s largest accounts. Luisa is planning <strong>to</strong> take a full 12<br />

weeks of FMLA leave when she has a baby. You meet with her <strong>to</strong> talk about handling<br />

her workload. You start the conversation like this: “You know, Luisa, our back-<strong>to</strong>school<br />

business in August and September is huge, and you’re planning <strong>to</strong> be out until<br />

September. If you could come back a few weeks early, we wouldn’t have <strong>to</strong> assign your<br />

accounts <strong>to</strong> someone else. Of course, you can take a longer leave if you want, but I<br />

can’t guarantee that you’ll get those accounts back if we have <strong>to</strong> move them.”<br />

Oops! You’ve basically said that you will punish Luisa for taking the full leave <strong>to</strong><br />

which she’s entitled. Here’s a better way <strong>to</strong> start the discussion: “Congratulations,<br />

Luisa! I’m so excited for you. As you know, you’ll be out during the biggest sales<br />

period of the year, so I want <strong>to</strong> get your ideas about how we should handle your<br />

accounts while you’re gone, especially Office Club and Binders ‘n’ More. I really want<br />

<strong>to</strong> work with you <strong>to</strong> figure out how we can keep these cus<strong>to</strong>mers happy—and keep<br />

our sales high—even though you won’t be here. Do you think it makes sense <strong>to</strong> hire<br />

a temporary replacement, or can the other salespeople pick up the slack?”<br />

Your conversation with the employee will depend on the facts, including<br />

what the employee does, how long the employee will be out, whether the<br />

employee supervises others, and so on. Here are some pointers that will help<br />

you in your conversation:<br />

• Always start by acknowledging the employee’s situation. Congratulate or<br />

offer sympathy <strong>to</strong> the employee as appropriate. Rushing straight in<strong>to</strong> a<br />

discussion of work details appears insensitive <strong>to</strong> the employee’s needs,<br />

and your conversation may be strained as a result.<br />

• Briefly state the facts. Review what you know about the employee’s job<br />

and leave, <strong>to</strong> make sure you’ve got the details right. For ex<strong>amp</strong>le, you<br />

might say, “I’d like <strong>to</strong> get your feedback on how <strong>to</strong> cover your work while<br />

you’re out—and make sure your transition <strong>to</strong> leave and back <strong>to</strong> work is a<br />

smooth one. I understand you’ll be out for five weeks and that you have<br />

one major project miles<strong>to</strong>ne due during that time. Is that right?”<br />

• Learn the priorities. Ask what the employee has on his or her plate,<br />

focusing particularly on projects, deadlines, meetings, and deliverables<br />

that need <strong>to</strong> be handled while the employee is out. For ex<strong>amp</strong>le: “What

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