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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 | 393<br />

P Managers’<br />

Checklist<br />

<strong>Medical</strong> Certifications<br />

o I requested a medical certification as soon as I learned that the employee was<br />

seeking leave for a potentially serious health condition.<br />

o I made the request in writing, dated and signed.<br />

o <strong>The</strong> request explained the consequences of failing <strong>to</strong> return the certification on<br />

time.<br />

o I gave the employee a medical certification form.<br />

o I did not request any information that goes beyond what’s required by the form.<br />

o I worked with the employee <strong>to</strong> get a complete medical certification.<br />

o If the form was not returned on time, I contacted the employee immediately <strong>to</strong><br />

find out why and explain the importance of getting the form in.<br />

o If the form was returned incomplete, I <strong>to</strong>ld the employee about the problem<br />

and provided an opportunity <strong>to</strong> correct it.<br />

o I requested a second opinion if I had doubts about the initial medical certification.<br />

o I did not send the employee <strong>to</strong> a health care provider who is regularly<br />

employed by my company.<br />

o While the second opinion was pending, I provided FMLA benefits <strong>to</strong> the<br />

employee.<br />

o I provided a copy of the second opinion <strong>to</strong> the employee, within two days<br />

after receiving his or her request.<br />

o Before acting on a second opinion that contradicts the first, I consulted<br />

with an at<strong>to</strong>rney.<br />

o I requested recertifications as appropriate.<br />

o I requested recertification only every 30 days or when the employee’s initial<br />

certification expired, unless an exception allowed me <strong>to</strong> request one more often.<br />

o I requested recertification whenever the employee’s situation changed or I<br />

learned information that cast doubt on the employee’s reasons for leave.<br />

o I placed the medical certification(s) and any recertifications in confidential<br />

medical files, not the employee’s regular personnel file.

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