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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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appendix C | forms and checklists | 391<br />

P Managers’<br />

Checklist<br />

Giving Notice and Designating <strong>Leave</strong><br />

o I have given a written designation form letter <strong>to</strong> the employee requesting leave.<br />

<strong>The</strong> designation form letter includes:<br />

o a statement that the leave is FMLA leave and will reduce the employee’s<br />

available FMLA leave time, or<br />

o a statement that the leave is preliminarily designated FMLA leave and will<br />

reduce the employee’s available FMLA leave time, pending investigation<br />

in<strong>to</strong> whether the need for leave falls under the FMLA, or<br />

o a statement that the leave is not FMLA leave.<br />

o After giving the preliminary designation, I have asked the employee requesting<br />

leave or his or her spokesperson <strong>to</strong> tell me the reason for the leave, and<br />

o the employee has informed me that the employee needs the leave because<br />

of a serious health condition, and I have confirmed the FMLA designation<br />

in writing<br />

o the employee has given me some information that leads me <strong>to</strong> believe that<br />

the need for leave falls under the FMLA, and I have requested additional<br />

information, including medical certification, or<br />

o the need for leave does not fall under the FMLA, and I have withdrawn the<br />

preliminary FMLA designation in writing.<br />

o Where an employee’s behavior reveals the employee might have a serious<br />

health condition, I have placed the employee on FMLA leave with a preliminary<br />

designation and have conducted an inquiry in<strong>to</strong> whether the employee actually<br />

has a serious health condition.<br />

o I have granted an employee’s request for leave and preliminarily designated the<br />

leave as FMLA leave even though the employee did not mention the FMLA, where<br />

o the employee gave me enough information <strong>to</strong> believe that the need for<br />

leave might fall under the FMLA, or<br />

o I have information from another source that the employee’s need for leave<br />

falls under the FMLA.

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