All About the Family and Medical Leave Act #31511233/1203 ©Business & Legal Reports, Inc. Making your job easier!

All About the Family and Medical Leave Act

#31511233/1203 ©Business & Legal Reports, Inc.

Making your job easier!


What Do You Know About FMLA?

FMLA allows unlimited, unpaid leave for a qualifying family or medical event. True or False

All employers are required to provide FMLA leave. True or False

Every employee is eligible for FMLA leave if they have a qualifying event.

True or False


What Do You Know About FMLA? (cont.)

Employers are not required to continue benefits to employees on FMLA leave. True or False

Employers and employees have notice requirements. True or False

Medical certification, including second and third opinions, may be requested. True or False


What Do You Know About FMLA? (cont.)

Intermittent leave can be taken under FMLA. True or False

Reinstatement to your job can be delayed or denied. True or False


FMLA History Federal Law

enacted in 1993 Helps employees

balance work and family

Federal law allows states to include more expansive provisions


Amount of Leave Allowed

FMLA allows 12 weeks of unpaid leave for the care of A newly born or adopted child A spouse, child, or parent with a

“serious health condition” Your own “serious health condition”

FMLA allows substitution of paid leave in certain circumstances


Serious Health Condition

Physical or mental condition

Pregnancy or prenatal care

Chronic, serious condition

Multiple medical treatments


Medical Certification

Employers may request medical certification for a “serious health condition”

Certification includes A statement of the need for time off The starting date The expected duration

DOL form In most cases, employees must return

form within 15 days


Second and Third Opinions

Employers may request an independent medical examination

They may also request a third opinion

They pay for these opinions

Third opinion is binding and final


Covered Employers

FMLA applies to Private employers with 50

or more employees within a 75-mile radius• employees that are included• employees that are not included

State and local government employers and most federal government employers


Eligible Employees

Worked for 12 months and

Worked for a total of 1,250 hours in the most recent 12 months and

Works for a covered employer


Notice Requirements

Employees must Give at least 30 days’ notice or reasonable

notice where leave is foreseeable

Give notice “as soon as practicable” (2-day rule) where leave is not foreseeable

Employers must Notify employees when an employer

designates FMLA leave, denies leave, or requests medical certification


Recordkeeping Requirements

Employers must retain records for 3 years

Employers must keep records confidential


FMLA and Benefits

Employers must maintain Group health benefits

Other benefits according to company policy

Employers must not count FMLA leave against employees for attendance or bonuses


FMLA and Benefits (cont.)

Premiums must continue to be paid, and employees are entitled to new benefits

Changes of benefits notices must be given to employees on FMLA leave

Benefits must pick up where they left off if employee stops them during leave


FMLA and Hiring

Pre-employment inquiries regarding leave are not advisable

Post-offer inquiries and exams are not prohibited


Further Employer Responsibilities

Employers may not inhibit FMLA proceedings in any way

Employers may be liable for damages if they violate employees’ FMLA rights

Supervisors may also be liable


Special Cases

Current substance abuse treatment is covered

Spouses in same workplace do not each get 12 weeks’ leave for bonding or to care for a parent with a serious health condition


Intermittent Leave

Permitted for serious health conditions

Prohibited for bonding leave unless employer allows it

Light duty arrangements


Reinstatement And Termination

Employers must give qualified employees the same or equivalent position

Employers may deny reinstatement when employee: Would not have remained employed

Announces intent not to return

Has taken leave fraudulently

Has violated company policy

Is no longer qualified to perform the job


Reinstatement And Termination (cont.)

Employers may deny reinstatement to “key employees”

Employers may delay reinstatement until an employee provides a fitness-for-duty certificate


How FMLA Helps

Allows leave for family and medical issues

Provides for the maintenance of benefits

Guarantees reinstatement to the same or an equivalent position


Test What You Know

1. FMLA allows ____ workweeks of unpaid leave.

2. List three situations that qualify for FMLA leave. ___________________________

3. Employers may request _______ for employees who request medical leave.

4. ________ pay for second and third medical opinions.


Test What You Know (cont.)

5. FMLA applies to private employers with ___ or more employees as well as ______, _______, and ______ employers.

6. Eligible employees must have worked ___ months for _____ hours for a covered employer.

7. Where leave is foreseeable, employees must give ____ days’ notice or ________ notice.


Test What You Know (cont.)

8. Employees on FMLA leave must continue to receive __________.

9. Light duty hours do/do not count as FMLA leave.

10. List three situations in which employers may deny reinstatement:______________,______________, and _______________


Test What You KnowAnswers

1. FMLA allows 12 workweeks of unpaid leave.

2. List three situations that qualify for FMLA leave. Birth, adoption, foster care, serious medical condition of close relative or yourself

3. Employers may request medical certification for employees who request medical leave.

4. Employers pay for second and third medicalopinions.


Test What You KnowAnswers (cont.)

5. FMLA applies to private employers with 50 or more employees as well as local, state,

and federal employers.

6. Eligible employees must have worked 12 months for 1,250 hours for a coveredemployer.

7. Where leave is foreseeable, employees must give at least 30 days’ notice or reasonable notice.


Test What You KnowAnswers (cont.)

8. Employees on FMLA leave must continue to receive benefits.

9. Light duty hours do/do not count as FMLA leave.

10. List three situations in which employers may deny reinstatement: employees took leave fraudulently, don’t return, violate company policy, can no longer perform job, are key employees.

Documents

All About the Family and Medical Leave Act #31511233/1203 ©Business & Legal Reports, Inc. Making your job easier!