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

avoiding common mistakes, 146–147<br />

checklist, 148–149, 391–392<br />

in company policy, 346, 351<br />

DOL notice Form WH-381, 132<br />

“inquiry notice” by employee, 143–146<br />

by the employee, 137–146<br />

<strong>to</strong> the employee, 132–136<br />

O<br />

Oral notice by employee, 137–138<br />

Oregon, summary of leave laws,<br />

327–328<br />

Outsourcing work, covering duties<br />

during employee’s leave, 186<br />

Overtime, and amount of leave time<br />

calculations, 113, 116<br />

P<br />

Paid leave<br />

designated as FMLA leave, 127–130<br />

substituted for parenting leave, 87<br />

substitution clause in company policy,<br />

347, 352<br />

Parent, as family member, 71<br />

Parental certifications, 82<br />

See also <strong>Family</strong> members<br />

Parenting leave<br />

avoiding common mistakes, 93–94<br />

checklist, 95–96, 387–388<br />

in company policy, 347, 352<br />

intermittent or reduced-schedule leave,<br />

85–87<br />

paid leave substituted for, 87<br />

parents working for the same company,<br />

87–89<br />

serious health condition combined<br />

with, 90<br />

timing of, 83–85<br />

Part-time employees<br />

in company FMLA policy, 348<br />

intermittent or reduced-schedule leave,<br />

112–113<br />

Pay res<strong>to</strong>ration after leave, 223<br />

Payroll records, 282<br />

PDF form files, 407–409<br />

Permanent incapacity, 64<br />

Personal leave as FMLA leave, 128<br />

Posting requirements<br />

employees’ FMLA rights, 26–29<br />

poster in English and Spanish, 357–359<br />

Postponing the start of leave, 180–182<br />

Pregnancy<br />

leave for, 90–93, 387–388<br />

recertification of condition, 169<br />

as serious health condition, 63<br />

state disability leave laws, 265–266

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