Copyright 2000 - South-Western College Publishing Family and Medical Leave Act.
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Copyright 2000 - South- Western College Publishing Family and Medical Leave Act
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Transcript of Copyright 2000 - South-Western College Publishing Family and Medical Leave Act.
Copyright 2000 - South-Western College Publishing
Family and Medical Leave Act
Copyright 2000 - South-Western College Publishing Module 10 - 2
FMLA Provides
Up to 12 workweeks of unpaid, job
protected leave/year, and requires group
health benefits be maintained
Copyright 2000 - South-Western College Publishing Module 10 - 3
“Year” Defined as
Calendar year Fixed “leave year” 12 months from start date of first FMLA
leave Rolling 12 month period
Copyright 2000 - South-Western College Publishing Module 10 - 4
Covered Employers
Public agencies State Local Federal Schools
Copyright 2000 - South-Western College Publishing Module 10 - 5
Covered Employers
Private employers who employ 50+ employees 75 mile radius 20 workweeks
Copyright 2000 - South-Western College Publishing Module 10 - 6
Eligible Employees
12 months 1,250 hours 50+ employees, 75 mile radius
Copyright 2000 - South-Western College Publishing Module 10 - 7
Key Employee Exception
Top 10 percent Reinstatement causes “substantial and
grievous economic injury”
Copyright 2000 - South-Western College Publishing Module 10 - 8
Up to 12 Weeks for:
Birth and care of newborn Adoption or foster care Immediate family member with serious
medical condition Employee’s own serious health
condition
Copyright 2000 - South-Western College Publishing Module 10 - 9
Spouses Working Together
Combined total of 12 workweeks of leave Birth and care of a child Adoption or foster care Care for parent with serious medical
condition
Copyright 2000 - South-Western College Publishing Module 10 - 10
Intermittent Leave/Reduced Schedule
Medically necessary With employer approval:
Care for newborn Care for newly placed adopted or foster
child
Copyright 2000 - South-Western College Publishing Module 10 - 11
Serious Health Condition
Injury, illness, impairment, or physical or
mental condition that involves: Inpatient care Requires 3 + days of absence Pregnancy/prenatal care
Copyright 2000 - South-Western College Publishing Module 10 - 12
Serious Health Condition
Chronic Permanent or long term Continuing treatment by health care
professional
Copyright 2000 - South-Western College Publishing Module 10 - 13
Employee Notice
30 days As soon as practicable Sufficient information Within 2 days of returning to work
Copyright 2000 - South-Western College Publishing Module 10 - 14
Employer Notice
General Post WH 1420 Include in handbooks, CBAs
– Fact Sheet ESA 95-24
Other written materials
Copyright 2000 - South-Western College Publishing Module 10 - 15
Employer Notice
Specific Within two days
– Expectations and obligations of employee (wh-381)
– Designated FMLA leave– Medical certification requirements and
consequences for failing to comply– Rights/requirements to use accrued paid
leave
Copyright 2000 - South-Western College Publishing Module 10 - 16
Employer Notice
Insurance co-premium payments Fitness-for-duty certification prior to return Rights to job restoration Potential liabilities if don’t return from leave Key employee restrictions
Copyright 2000 - South-Western College Publishing Module 10 - 17
Medical Certification
Employer may require Medical certification from health care
provider Second medical certification at employer
expense Third certification; final and binding
Copyright 2000 - South-Western College Publishing Module 10 - 18
Record Keeping Requirements
No particular forms Basic payroll data Dates leave taken, designated FMLA If less than full day, hours of leave
Copies of notices to employee Leave policies Records of leave disputes
Copyright 2000 - South-Western College Publishing Module 10 - 19
Enforcement
Generally Dept. of Labor, Wage & Hour division
Employees of US Government US. Office of Personnel Management
