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All About the Family and Medical Leave Act
#31511233/1203 ©Business & Legal Reports, Inc.
Making your job easier!
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
FMLA History Federal Law
enacted in 1993 Helps employees
balance work and family
Federal law allows states to include more expansive provisions
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
Serious Health Condition
Physical or mental condition
Pregnancy or prenatal care
Chronic, serious condition
Multiple medical treatments
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
Recordkeeping Requirements
Employers must retain records for 3 years
Employers must keep records confidential
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
FMLA and Hiring
Pre-employment inquiries regarding leave are not advisable
Post-offer inquiries and exams are not prohibited
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
Intermittent Leave
Permitted for serious health conditions
Prohibited for bonding leave unless employer allows it
Light duty arrangements
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
Reinstatement And Termination (cont.)
Employers may deny reinstatement to “key employees”
Employers may delay reinstatement until an employee provides a fitness-for-duty certificate
#31511233/1203 ©Business & Legal Reports, Inc.
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
#31511233/1203 ©Business & Legal Reports, Inc.
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.
#31511233/1203 ©Business & Legal Reports, Inc.
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.
#31511233/1203 ©Business & Legal Reports, Inc.
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 _______________
#31511233/1203 ©Business & Legal Reports, Inc.
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.
#31511233/1203 ©Business & Legal Reports, Inc.
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.
#31511233/1203 ©Business & Legal Reports, Inc.
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.