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

• Not counting FMLA leave against an employee with an attendance<br />

problem. You can’t consider FMLA leave when deciding whether an<br />

employee has missed so much work that termination is warranted.<br />

P Managers’<br />

Checklist<br />

Scheduling<br />

Managing FMLA <strong>Leave</strong><br />

o I calendared the start and end dates of the employee’s leave, if I know them.<br />

o If the employee did not give 30 days’ notice of foreseeable leave, I considered<br />

whether <strong>to</strong> require the employee <strong>to</strong> delay the start of his or her leave.<br />

o If I didn’t let the employee take leave on the date requested because the<br />

employee didn’t provide enough notice, I put that decision in writing and gave<br />

it <strong>to</strong> the employee.<br />

o If the employee is taking parenting leave, I made sure the employee’s leave will<br />

be complete within one year of the child’s arrival.<br />

o If the employee’s foreseeable leave will cause undue disruption <strong>to</strong> the<br />

company’s operations, I asked the employee <strong>to</strong> try <strong>to</strong> reschedule (subject <strong>to</strong><br />

the approval of his or her health care provider).<br />

o If the employee had <strong>to</strong> take unforeseeable leave, I made initial contact with the<br />

employee or a family member <strong>to</strong> gather information and made plans <strong>to</strong> follow<br />

up in a few days.<br />

Handling the Employee’s Work<br />

o If the employee was available, I talked <strong>to</strong> the employee and came up with a plan<br />

<strong>to</strong> cover his or her job duties during leave.<br />

o If the employee’s coworkers will pick up some extra work, I made any changes<br />

necessary <strong>to</strong> ensure that they will not be stretched <strong>to</strong>o thin.<br />

o I determined which, if any, of the employee’s responsibilities I will handle and<br />

made the necessary arrangements <strong>to</strong> do so.<br />

o If we will bring on temporary help, I made the necessary arrangements <strong>to</strong> hire<br />

a temp.

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