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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 9 | managing an employee’s leave | 209<br />

o If we will be using an outside consultant or company, I <strong>to</strong>ok any steps necessary<br />

<strong>to</strong> start the process.<br />

o I informed everyone who needs <strong>to</strong> know about these arrangements, such as my<br />

manager, the employee’s coworkers, vendors, clients, and so on.<br />

Benefits<br />

o I made arrangements <strong>to</strong> continue the employee’s group health benefits—<br />

including medical, dental, and vision coverage—during FMLA leave.<br />

o I applied any benefits changes <strong>to</strong> the employee, just as if he or she were not on<br />

leave.<br />

o If the employee chose not <strong>to</strong> continue benefits, I made sure that we can<br />

reinstate those benefits immediately, without any requalification requirements,<br />

when the employee returns <strong>to</strong> work; if not, I continued the employee’s<br />

benefits, arranged <strong>to</strong> pay the employee’s share of the premium, and sought<br />

reimbursement from the employee after his or her return <strong>to</strong> work.<br />

o I collected the employee’s share of the premium as permitted by the FMLA and<br />

provided written notice, in advance, of how and when <strong>to</strong> make these payments.<br />

o Before terminating the employee’s coverage for failing <strong>to</strong> pay the premiums, I<br />

sent the employee written notice, including the following information:<br />

o <strong>The</strong> employee’s payment hasn’t been received.<br />

o <strong>The</strong> company intends <strong>to</strong> terminate the employee’s coverage if payment isn’t<br />

received by a specified date, at least 15 days after the date I sent the letter.<br />

o Before terminating the employee’s coverage for failing <strong>to</strong> pay the premiums,<br />

I made sure we could reinstate the employee’s coverage without any<br />

requalification requirements.<br />

o For other benefits, I followed my company’s usual policies for employees on<br />

unpaid leave.<br />

o Before discontinuing any life, disability, or other insurance benefits, I made sure<br />

that we could reinstate the employee’s coverage without any requalification<br />

requirements; if not, I continued the employee’s coverage, arranged <strong>to</strong> pay<br />

the employee’s share of the premium, and sought reimbursement from the<br />

employee after his or her return <strong>to</strong> work.<br />

l

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