FMLA Procedures Manual & E-Alerts Agenda

Agenda

FMLA Basics

• What Is The FMLA?
• Why FMLA Was Enacted
• The FMLA Statute
• The FMLA Regulations
• Employers Subject To FMLA: Private Employers
• Employers Subject To FMLA: Public Agencies
• Employers Subject To FMLA: Integrated Employers
• Employers Subject To FMLA: Joint Employers
• Worksite Rules
• Employee Eligibility Criteria: Three Requirements
• Employee Eligibility Criteria: Rules Relating To The 1,250-Hour Requirement
• Employee Eligibility Criteria: Leaves Commencing Before All Eligibility Requirements Are Met
• State Leave Laws: General Guidelines
• State Leave Laws: States With Leave Laws
• State Leave Laws: How To Determine What Applies
• State Leave Laws: Timing Issues

Types Of Leave

• Family Leave
• When Family Leave Can Be Taken
• Medical Leave
• Family Members For Whom An Employee Can Take Medical Leave
• Documentation For Family Members
• “Caring For” A Family Member
• Serious Health Condition: Overview
• Serious Health Condition: Hospital Care
• Serious Health Condition: “Absence Plus Treatment” Overview
• Serious Health Condition: “Absence Plus Treatment” - Absence
• Serious Health Condition: “Absence Plus Treatment” - Treatment
• Serious Health Condition: “Absence Plus Treatment” - Examples
• Serious Health Condition: “Pregnancy”
• Serious Health Condition: “Chronic Conditions Requiring Treatments”
• Serious Health Condition: “Permanent/Long-Term Conditions Requiring Supervision”
• Serious Health Condition: “Multiple Treatments (Non-Chronic Conditions)”
• Serious Health Condition: Short-Term Illnesses
• Serious Health Condition: Health Conditions Generally Not Considered Serious
• Serious Health Condition: Substance Abuse
• Serious Health Condition: Health Care Provider
• Serious Health Condition: Chiropractors

Leave Requirements

• Leave Year Issues: Overview
• Leave Year Options: Calendar Year
• Leave Year Options: Fixed Year
• Leave Year Options: Measured Forward
• Leave Year Options: Rolling-Backward
• Other Leave Year Issues
• Leave Year Issues: Spouses Working for the Same Employer
• Coordination With Employer Leave Policy: Overview
• Coordination With Employer Leave Policy: Vacation, PTO & “No-Fault” Paid Time
• Coordination With Employer Leave Policy: Sick Leave
• Coordination With Employer Leave Policy: Workers’ Compensation & Disability Leave
• Coordination With Employer Leave Policy: Notice
• Coordination With Employer Leave Policy: Miscellaneous Issues
• Intermittent/Reduced Schedule Leave: Overview
• Intermittent/Reduced Schedule Leave: Family Leave
• Intermittent/Reduced Schedule Leave: Medical Leave
• Intermittent/Reduced Schedule Leave: Increments of Time
• Intermittent/Reduced Schedule Leave: Determining Total Available Time
• Intermittent/Reduced Schedule Leave: Exempt Employees’ Pay
• Intermittent/Reduced Schedule Leave: Alternative Position

Administrative And Notice Requirements

• Posted Notice
• Notice Requirements: Overview
• General Notice
• Specific Notice: Overview
• Specific Notice: Timing and Mailing
• Specific Notice: Content
• Specific Notice: Other Requirements
• Designation Of Leave: Responsibilities
• Designation Of Leave: Process
• Designation Of Leave: Retroactive Designation
• Designation Of Leave: Preliminary Designation
• Medical Certification: Employer’s Request For Medical Certification
• Medical Certification: Timeframes For Return Of Medical Certification
• Medical Certification: Consequences Of Failure To Return The Medical Certification
• Medical Certification: Content
• Medical Certification: Handling Of Completed Medical Certifications
• Medical Certification: Inadequacy Of Certification
• Medical Certification: Second And Third Opinions
• Medical Certification: General Rules For Recertification
• Medical Certification: “Exception” Rules For Recertifications
• Employee Responsibilities: Notice For Leave - General Requirements
• Employee Responsibilities: Notice For Leave - “Forseeable” Leaves
• Employee Responsibilities: Notice For Leave - “Unforseeable” Leaves
• Employee Responsibilities: Notice For Leave - Employer Recourse
• Employee Responsibilities: Intent To Return
• Employee Responsibilities: Fitness For Duty

Employment And Benefit Protection

• Benefit Maintenance: Maintenance Of Health Benefits - Basic Rules
• Benefit Maintenance: Paying For Health Benefits
• Benefit Maintenance: Cancellation Of Benefits
• Benefit Maintenance: Benefit Issues After FMLA Leave
• Restoration To Position: Equivalent Position
• Restoration To Position: Equivalent Pay
• Restoration To Position: Equivalent Benefits
• Restoration To Position: Equivalent Terms And Conditions Of Employment
• Restoration To Position: Layoffs
• Restoration To Position: Fraud
• Restoration To Position: “Moonlighting”
• Restoration To Position: Other Considerations
• Restoration To Position: Basic Rules For Key Employees
• Restoration To Position: Key Employees - Sequence For Restoration Denial
• Restoration To Position: The “Light Duty” Rule

Rules For Schools

• School Personnel To Whom Special Rules Apply
• 20% Rule For Intermittent/Reduced Schedule Leave
• Leave At End Of Academic Term

Enforcement

• Private Rights Of Action
• Employer Liability

Sample & Model Notices

• Additional Resources