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

P Managers’<br />

Checklist<br />

Record Keeping<br />

o I have collected all FMLA forms and documents for the employee and have put<br />

the documents in<strong>to</strong> files separate from the employee’s personnel files, including:<br />

o payroll records (showing FMLA eligibility or noneligibility)<br />

o charts showing FMLA leave time taken and FMLA leave time available (for<br />

intermittent or reduced-schedule leave, in hours or days, depending on<br />

how the leave was taken)<br />

o preliminary FMLA designation forms<br />

o forms confirming or withdrawing preliminary FMLA designations<br />

o individualized FMLA notices<br />

o medical certifications and second and third opinions<br />

o six-month notices (issued when the employee takes FMLA leave more<br />

than six months after first taking leave or when there is a change in leave<br />

information)<br />

o fitness-for-duty certifications and requests for such certifications, and<br />

o periodic reports of employee status while on leave.<br />

o I have kept a chart showing the running <strong>to</strong>tal in hours or days (depending on<br />

how the leave was taken) of intermittent or reduced-schedule FMLA leave time<br />

taken by the employee taking such leave.<br />

o I have kept all employee (or employee family member) medical information in<br />

separate files and<br />

o I have treated these records and the information in them as confidential,<br />

barring others from gaining access <strong>to</strong> them except <strong>to</strong> supervisors and managers<br />

<strong>to</strong> provide necessary accommodations or first aid personnel if a condition<br />

might require emergency medical treatment.<br />

l

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