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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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glossary | 295<br />

Reduced-schedule leave. FMLA leave taken by working fewer hours per day or<br />

fewer days per week than usual.<br />

Regulations. Interpretations of a law written by the federal agency responsible<br />

for its enforcement and administration.<br />

Reinstatement. Res<strong>to</strong>ration of an employee <strong>to</strong> his or her original position or<br />

an equivalent position when the employee returns from leave.<br />

Salaried employee. An employee earning the same amount each week, regardless<br />

of how many hours the employee works or the quality or quantity of work<br />

performed. To be salaried, the employee must earn at least $455 per week.<br />

Second opinion. A second medical certification, from a health care provider of<br />

the employer’s choosing.<br />

Secondary employer. A joint employer that does not have the authority<br />

<strong>to</strong> hire and fire the employee seeking leave, place the employee in a<br />

particular position, assign work <strong>to</strong> the employee, make payroll, and provide<br />

employment benefits.<br />

Serious health condition. An illness, injury, impairment, or physical or mental<br />

condition that involves 1) inpatient care at a hospital, hospice, or residential<br />

medical care facility; 2) incapacity for more than three calendar days<br />

with continuing treatment by a health care provider; 3) incapacity due <strong>to</strong><br />

pregnancy or prenatal care; 4) incapacity or treatment for a chronic serious<br />

health condition; 5) permanent or long-term incapacity for a condition<br />

for which treatment may not be effective (such as a terminal illness); or 6)<br />

absence for multiple treatments for either res<strong>to</strong>rative surgery following an<br />

injury or accident or a condition that would require an absence of more than<br />

three days if not treated.<br />

Spouses. A couple married under the laws of the state in which they reside.<br />

Status report. An employee’s report <strong>to</strong> the employer, while on FMLA leave, on<br />

his or her status and intent <strong>to</strong> return <strong>to</strong> work.<br />

Substitution of paid leave. Using accrued paid leave provided by the employer’s<br />

policies during FMLA leave.

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