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

P Managers’<br />

Checklist<br />

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

o Where I have learned information during an employee’s leave that leads me<br />

<strong>to</strong> believe it falls under the FMLA, I have given the employee a written FMLA<br />

designation.<br />

o I have informed any employee requesting FMLA leave that<br />

o he or she may use paid leave during FMLA leave (where appropriate) and<br />

informed the employee that the leave time will reduce available FMLA leave<br />

time, or<br />

o Company policy requires that paid leave be substituted and informed the<br />

employee that the leave time will reduce available FMLA leave time.<br />

o I have designated workers’ compensation leave as FMLA leave, where the<br />

workplace injury is a serious health condition under the FMLA.<br />

o When the employee requests leave for an unforeseeable, FMLA-covered reason,<br />

I have granted the leave and designated it as FMLA leave even though the<br />

employee did not give 30-days’ notice.<br />

o I have made sure not <strong>to</strong> require more employee notice for FMLA leave than is<br />

required by state law.<br />

o I have made sure not <strong>to</strong> require more employee notice for FMLA leave than is<br />

required by a collective bargaining agreement covering the requesting employee.<br />

o I have given the employee going out on FMLA leave an individualized notice<br />

with FMLA information specific <strong>to</strong> his or her situation.<br />

o I have given additional notices <strong>to</strong> the employee on leave when<br />

o an employee has requested FMLA leave six months or more after his or her<br />

first request for leave<br />

o the information I initially gave the employee in the individualized notice has<br />

changed, or<br />

o the company requires a medical certification or fitness-for-duty<br />

certification prior <strong>to</strong> the employee returning <strong>to</strong> work..

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