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

<strong>Leave</strong> year. <strong>The</strong> 12-month period during which an eligible employee is<br />

entitled <strong>to</strong> 12 weeks of FMLA leave.<br />

Light duty. Work that is less demanding (physically, mentally, or because it<br />

requires fewer hours of work) than an employee’s usual position.<br />

<strong>Medical</strong> certification. A written document verifying an employee’s need <strong>to</strong> take<br />

leave for a serious health condition, prepared by a health care provider.<br />

Moonlighting. Working for another employer while on leave.<br />

Multiemployer health plan. A health plan established pursuant <strong>to</strong> a collective<br />

bargaining agreement, in<strong>to</strong> which at least two employers make contributions.<br />

Overtime. Hours worked over and above 40 hours in a week (or eight hours<br />

in a day, in some states) and requiring premium pay under the FLSA.<br />

Parenting leave. <strong>Leave</strong> following birth, adoption, or foster placement,<br />

including bonding leave.<br />

Part-time employee. An employee working fewer than 40 hours per week.<br />

Pregnancy disability. Disability due <strong>to</strong> pregnancy, childbirth, or related<br />

conditions.<br />

Preliminary designation. A written designation of leave as FMLA leave,<br />

pending an investigation in<strong>to</strong> whether the leave actually qualifies for the<br />

FMLA’s protections.<br />

Primary employer. A joint employer that has authority <strong>to</strong> hire and fire the<br />

employee seeking leave, place the employee in a particular position, assign<br />

work <strong>to</strong> the employee, make payroll, and provide employment benefits.<br />

Qualified employee with a disability. An employee with a disability who<br />

can perform the job’s essential functions, with or without a reasonable<br />

accommodation.<br />

Reasonable accommodation. Assistance (technological or otherwise) or change<br />

<strong>to</strong> the workplace or job that allows the employee <strong>to</strong> perform the essential<br />

functions of the job.<br />

Recertification. A subsequent certification of an employee’s serious health<br />

condition.

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