The Essential Guide to Family & Medical Leave

292 | the essential guide to family and medical leave
Domestic partners. An unmarried couple granted certain of the rights and
privileges enjoyed by married couples by the laws of the state in which they
reside.
Employee with a disability. An employee who has a long-term physical or mental
impairment that substantially limits a major life activity, has a history of such
an impairment, or is perceived by the employer as having such an impairment.
Equivalent position. A position that is virtually identical to the position an
employee held prior to taking FMLA leave, with equivalent pay, benefits,
and other terms and conditions of employment to the employee’s former job.
Essential job functions. The fundamental duties of a position—those things
that the person holding the job absolutely must be able to do.
Exempt employee. An employee who is not entitled to extra pay for overtime
hours worked under the Fair Labor Standards Act (“FLSA”).
Family member. A spouse, child, or parent.
Fitness-for-duty certification. A signed statement from a health care provider
indicating that an employee is able to return to work following FMLA leave.
Flexible savings account (FSA). An account into which employees may set aside
pretax income for medical expenses not paid by health insurance (such as copayments,
premiums, and expenses that are outside of the employer’s plan)
or for dependent care expenses.
Foreseeable need for leave. A reason for taking FMLA leave that is anticipated
or known in advance, such as planned medical treatment or the birth or
adoption of a child.
Foster placement. The legal process of awarding the care, comfort, education,
and upbringing of a child to someone other than the child’s biological parents.
Full-time employee. An employee working 40 hours per week or more.
Group health plan. Any plan of, or contributed to by, an employer to provide
health care to employees, former employees, and their families, including
self-insured plans, vision plans, dental coverage, and other health care plans,
whether they are components of a single health care plan or administered
separately.