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

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

2 #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

3 #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

4 #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

5 #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

6 #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

7 #31511233/1203 ©Business & Legal Reports, Inc. Serious Health Condition Physical or mental condition Pregnancy or prenatal care Chronic, serious condition Multiple medical treatments

8 #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

9 #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

10 #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

11 #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

12 #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

13 #31511233/1203 ©Business & Legal Reports, Inc. Recordkeeping Requirements Employers must retain records for 3 years Employers must keep records confidential

14 #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

15 #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

16 #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

17 #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

18 #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

19 #31511233/1203 ©Business & Legal Reports, Inc. Intermittent Leave Permitted for serious health conditions Prohibited for bonding leave unless employer allows it Light duty arrangements

20 #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

21 #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

22 #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

23 #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.

24 #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.

25 #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 _______________

26 #31511233/1203 ©Business & Legal Reports, Inc. Test What You Know Answers 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 medical opinions.

27 #31511233/1203 ©Business & Legal Reports, Inc. Test What You Know Answers (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 covered employer. 7.Where leave is foreseeable, employees must give at least 30 days’ notice or reasonable notice.

28 #31511233/1203 ©Business & Legal Reports, Inc. Test What You Know Answers (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.