1. Copyright 2000 - South-Western College Publishing Family and Medical Leave Act

2. Copyright 2000 - South-Western College Publishing Module 10 - 1 FMLA Provides Up to 12 workweeks of unpaid, job protected leave/year, and requires group health benefits be maintained

3. Copyright 2000 - South-Western College Publishing Module 10 - 2 “Year” Defined as l Calendar year l Fixed “leave year” l 12 months from start date of first FMLA leave l Rolling 12 month period

4. Copyright 2000 - South-Western College Publishing Module 10 - 3 Covered Employers l Public agencies n State n Local n Federal n Schools

5. Copyright 2000 - South-Western College Publishing Module 10 - 4 Covered Employers l Private employers who employ n 50+ employees n 75 mile radius n 20 workweeks

6. Copyright 2000 - South-Western College Publishing Module 10 - 5 Eligible Employees l 12 months l 1,250 hours l 50+ employees, 75 mile radius

7. Copyright 2000 - South-Western College Publishing Module 10 - 6 Key Employee Exception l Top 10 percent l Reinstatement causes “substantial and grievous economic injury”

8. Copyright 2000 - South-Western College Publishing Module 10 - 7 Up to 12 Weeks for: l Birth and care of newborn l Adoption or foster care l Immediate family member with serious medical condition l Employee’s own serious health condition

9. Copyright 2000 - South-Western College Publishing Module 10 - 8 Spouses Working Together l Combined total of 12 workweeks of leave n Birth and care of a child n Adoption or foster care n Care for parent with serious medical condition

10. Copyright 2000 - South-Western College Publishing Module 10 - 9 Intermittent Leave/Reduced Schedule l Medically necessary l With employer approval: n Care for newborn n Care for newly placed adopted or foster child

11. Copyright 2000 - South-Western College Publishing Module 10 - 10 Serious Health Condition Injury, illness, impairment, or physical or mental condition that involves: l Inpatient care l Requires 3 + days of absence l Pregnancy/prenatal care

12. Copyright 2000 - South-Western College Publishing Module 10 - 11 Serious Health Condition l Chronic l Permanent or long term l Continuing treatment by health care professional

13. Copyright 2000 - South-Western College Publishing Module 10 - 12 Employee Notice l 30 days l As soon as practicable l Sufficient information l Within 2 days of returning to work

14. Copyright 2000 - South-Western College Publishing Module 10 - 13 Employer Notice l General n Post WH 1420 n Include in handbooks, CBAs –Fact Sheet ESA 95-24 n Other written materials

15. Copyright 2000 - South-Western College Publishing Module 10 - 14 Employer Notice l Specific n 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

16. Copyright 2000 - South-Western College Publishing Module 10 - 15 Employer Notice n Insurance co-premium payments n Fitness-for-duty certification prior to return n Rights to job restoration n Potential liabilities if don’t return from leave n Key employee restrictions

17. Copyright 2000 - South-Western College Publishing Module 10 - 16 Medical Certification l Employer may require n Medical certification from health care provider n Second medical certification at employer expense n Third certification; final and binding

18. Copyright 2000 - South-Western College Publishing Module 10 - 17 Record Keeping Requirements l No particular forms n Basic payroll data n Dates leave taken, designated FMLA n If less than full day, hours of leave l Copies of notices to employee l Leave policies l Records of leave disputes

19. Copyright 2000 - South-Western College Publishing Module 10 - 18 Enforcement l Generally n Dept. of Labor, Wage & Hour division l Employees of US Government n US. Office of Personnel Management