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

P Managers’<br />

Checklist<br />

Does the FMLA Apply <strong>to</strong> My Company?<br />

o My company had 50 or more employees on payroll during each of 20<br />

workweeks in this or the last calendar year.<br />

o I included all employees on leave in this count.<br />

o I included all part-time employees on payroll during any workweek.<br />

o I did not include employees hired or fired during any workweek in the<br />

count for that workweek.<br />

o I did not include employees working outside the U.S. or its terri<strong>to</strong>ries in this<br />

count.<br />

o I counted all employees jointly employed by my company and joint<br />

employer(s), including temp agency employees.<br />

o I counted all employees of my company and any other company that is<br />

integrated with it.<br />

If Your Company Is Covered<br />

Once you determine that your company is covered by the FMLA, you<br />

must immediately provide information <strong>to</strong> employees about their rights and<br />

obligations under the law. You’ll have <strong>to</strong> post a notice explaining the FMLA<br />

and, if your company has written policies it distributes <strong>to</strong> employees (for<br />

ex<strong>amp</strong>le, in an employee handbook), you’ll need <strong>to</strong> include information<br />

about the FMLA in those policies.<br />

Posting Requirements<br />

Employees rely on you <strong>to</strong> provide information about the FMLA. That obligation<br />

begins with the requirement <strong>to</strong> hang a poster explaining employees’<br />

FMLA rights. <strong>The</strong> poster must be in a “conspicuous” place where it can be<br />

readily seen by employees and job applicants, and in writing that is large<br />

enough <strong>to</strong> read easily. Your company has <strong>to</strong> hang this poster even if it doesn’t<br />

have any FMLA-eligible employees on site. <strong>The</strong> reason for this is that currently<br />

ineligible employees may become eligible under the FMLA and will<br />

need <strong>to</strong> know their rights.

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