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

S<strong>amp</strong>le<br />

Parent: <strong>The</strong> eligible employee’s biological, adoptive, or foster mother or father,<br />

or an individual who was the legal guardian of the eligible employee when the<br />

employee was a child.<br />

Parenting <strong>Leave</strong>: <strong>Leave</strong> following birth, adoption, or foster placement of an eligible<br />

employee’s child, including bonding leave.<br />

Reinstatement: Res<strong>to</strong>ration of employee <strong>to</strong> his or her original position when the<br />

employee returns from family or medical leave.<br />

Serious Health Condition: Illness, injury, impairment, or physical or mental condition<br />

that involves one of the following: 1) inpatient care at a hospital, hospice,<br />

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

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

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

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

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

treatments for either res<strong>to</strong>rative surgery following an injury or accident or a<br />

condition that would require an absence of more than three days if not treated.<br />

Spouse: A person of the opposite sex <strong>to</strong> whom the eligible employee is legally<br />

married.<br />

Twelve-Month <strong>Leave</strong> Year: <strong>The</strong> rolling 12-month period measured backward from<br />

the first day that an eligible employee takes family or medical leave.<br />

1. <strong>Leave</strong> Available<br />

[Option 1—if company policy provides for more than 12 weeks of leave] An eligible<br />

employee may take up <strong>to</strong> ___ weeks (__ days) of family or medical leave in<br />

the 12-month leave year for any of the following reasons:<br />

• because the employee’s own serious health condition makes the employee<br />

unable <strong>to</strong> work<br />

• <strong>to</strong> care for a spouse, child, or parent who has a serious health condition, or<br />

• <strong>to</strong> care for a newborn or newly adopted son or daughter or a recently placed<br />

foster child.

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