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

Drafting Your Letter<br />

Because the contents of your letter requesting a fitness-for-duty certification<br />

will depend on the employee’s condition and your company’s policies, we<br />

can’t give you a fill-in-the-blank form. Consider including the following:<br />

• Sympathy. You’ll be writing this letter only if the employee has a serious<br />

health condition, which may have worsened unexpectedly. Acknowledge<br />

this unfortunate fact by wishing the employee a speedy recovery or<br />

otherwise expressing a little sympathy.<br />

• Certification requirement. Explain what’s required so the employee<br />

understands that his or her health care provider needs <strong>to</strong> be involved.<br />

• Consequences of failing <strong>to</strong> provide the certification. Tell the employee<br />

that he or she cannot be reinstated until you receive the certification.<br />

Otherwise, the employee might assume that this can be handled after<br />

returning <strong>to</strong> work.<br />

• Policy information. Let the employee know why you are requesting a<br />

certification. Explain the company policy that requires it for any employee<br />

in particular circumstances, and cite <strong>to</strong> the employee handbook or other<br />

relevant policies, if possible.<br />

• <strong>The</strong> form. Don’t forget <strong>to</strong> attach a copy of the fitness-for-duty certification<br />

form. If your company doesn’t already have a form, you can use the s<strong>amp</strong>le<br />

form in Appendix C.<br />

Res<strong>to</strong>ring Pay and Benefits<br />

When you reinstate an employee, you must also res<strong>to</strong>re the employee’s pay<br />

and benefits. <strong>The</strong> requirements for res<strong>to</strong>ring benefits depend on the type of<br />

benefit and your company’s policies.

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