Course Description
This practical family and medical leave compliance handbook simplifies the frustrating and confusing complexities of the Family and Medical Leave Act (FMLA), so you know exactly how to comply in every situation.
This practical guide to FMLA includes understandable explanations of the Family and Medical Leave Act's many interactions with the Americans with Disabilities Act (ADA), workers' compensation laws, and military leave.
- Model FMLA forms and policies - Saves you time and money
- Quick-reference FMLA summary of state and federal laws - See at a glance how state and federal family medical leave requirements interact, and how they apply to your organization
- Complete reference library of leave laws and regulations - Includes helpful Q&As - saves you valuable time
- Free quarterly newsletter and updates - Keeps you in the know on the latest leave and FMLA changes
- Online access to Department of Labor (DOL) opinion letters - Helps you avoid expensive mistakes
This book includes the following topics:
- Leave law overview
- Employer requirements
- Leave circumstances - FMLA, ADA, workers' compensation, military leave
- Leave pay and benefits
- Leave coverage and eligibility
- Recordkeeping and reporting requirements
- Reasonable accommodation
- Issues and trends
- Policies and forms
- FMLA sample forms
Agenda
Overview of Leave Law Compliance in Your Organization
- Overview
- The Family and Medical Leave Act (FMLA)
- State Family and Medical Leave Laws
- The Americans with Disabilities Act (ADA)
- State Workers’ Compensation Statutes
- Miscellaneous Federal and State Laws Affecting Leave
- Ten Steps to Leave Law Compliance
FMLA—Basic Employer Requirements, Coverage, and Employee Eligibility
- Basic Requirements of the FMLA
- Employer Coverage
- Employee Eligibility Requirements
Leave Circumstances
- The Leave Requirement
- Reasons for Leave
- Serious Health Conditions—Definitions
- Types of Leave: Reduced, Regular, and Intermittent Leave
- Calculating and Tracking the 12-Week Limit
- Special Rules for Spouses Employed by the Same Employer
- Birth of a Child: Special Requirements and Exceptions
- Adoption or Foster Placement: Special Requirements and Exceptions
Requests for Leave: Leave Notice and Medical Certification
- Basic Requirements
- Employee Notice of Intent to Take Leave
- Recourse When Employee Doesn’t Provide Appropriate Notice
- Medical Certification
- Inquiry Into Employee Status and Intent
Pay and Benefits During Leave
- Overview
- Substitution of Paid Leave for Unpaid Leave
- Designating Leave as FMLA Leave
- Pay Docking
- Health Care Benefits
- Non-Health Care Benefits
Return from Leave
- Job on Return from Leave: Exceptions to Return; Benefits on Return
- Restoration to Same or Equivalent Position
- Benefits on Return
- Six Reasons to Deny Reinstatement
- Key Employees
- Employer’s Right to Demand Return to Work—Medical Certificate
- Employer’s Recovery of Premiums Paid During FMLA Leave
Notices, Recordkeeping, and Enforcement
- Overview
- Posting Notice
- FMLA Policy
- Notice to Employees Who Request Leave
- Recordkeeping and Reporting Requirements
- Prohibited Acts
- Enforcement
- Remedies for Violations
Special Rules for Educational Agencies
- Provisions to Minimize Disruption
- Definitions
- Employer Coverage
- Employee Eligibility
- Intermittent and Reduced Leave
- Leave for Instructional Employees Near End of Term
- Special Rules on Reinstatement
- Reduced Liability
Interaction of the FMLA with State Family and Medical Leave Laws
- Which Law Takes Precedence?
- Test Your Knowledge—Which Law Applies?
- State FML Laws
State FMLA Laws: Quick Reference Chart
Introduction to the ADA
- Title I of the ADA: Employment Discrimination
- Title II of the ADA: Public Services
- Title III of the ADA: Public Accommodations
- Title IV of the ADA: Telecommunications
- Title V of the ADA: Miscellaneous Provisions
- Complying with the ADA: 10 Steps to Take
ADA Employer Coverage and Employee Eligibility
- Employers Covered by the ADA
- Individuals Covered by the ADA
- Defining the Term ‘Disability’
- The First Prong: Having an Impairment That Substantially Limits a Major Life Activity
- Identifying a Physical or Mental Impairment
- What Is Not an ‘Impairment’?
- Is a Major Life Activity Substantially Limited?
- Substantially Limited in Working
- Having a ‘Record of an Impairment’
- Being Regarded As Disabled
- When the Definitions Overlap
- Individuals with Disabilities Must Also Be ‘Qualified’
Reasonable Accommodation
- ‘Reasonable Accommodation’: What Does It Mean?
- Some Basic Principles of Reasonable Accommodation
- Who Must Be Accommodated
- Documenting the Need for Accommodation
- Choosing a Reasonable Accommodation
- Examples of Reasonable Accommodations
- Special Note: Accommodating Psychiatric Disabilities
- Financial Assistance for Accommodations
- Limiting the Duty to Accommodate: Undue Hardship
- Collective Bargaining Conflicts
Employment Practices and the ADA
- Specific Forms of Discrimination
- Preemployment Inquiries
- Employment Entrance Examinations/Preemployment Physicals
- Background and Reference Checks
- Withdrawing a Conditional Job Offer
- Inquiries and Examinations of Employees
- Drug Testing
- Psychiatric Exams
- Voluntary Wellness and Health Screening Programs
- Confidentiality of Information Obtained in Medical Examinations or Inquiries of Employees
- Does an Employer Have Any Defenses?
Leave Circumstances and the ADA
- Paid or Unpaid?
- How Much Leave Is Reasonable?
- Benefits Affected by Leave
- Modified or Part-time Schedules
- Flexible Leave Policies
- Modifying No-Fault Attendance Policies
- Alternatives to Granting Leave
ADA Leave Notice and Medical Certification
- Requesting Leave as a Reasonable Accommodation
- Medical Certification
- Circumstances in Which an Employer Cannot Ask for Documentation
ADA—Return from Leave
- Requests for Indefinite Leave
- Holding Jobs Open During Leave
- Medical Exams for Returning Workers
ADA Resource Directory
Workers’ Compensation—The No-Fault Remedy for Work Injury and Illness
- Overview
- Workers’ Comp Laws
Workers’ Compensation Coverage
- Coverage
- Exceptions to Coverage: Intentions, Actions
Obtaining Workers’ Compensation Coverage
Benefits, Injuries, Illness
- Benefits
- Categories of Injury or Illness
Claims
- Filing a Claim
- Return to Work
Other Issues and Trends
- FMLA and Alternate Duty
- ADA and Alternate Duty
- Postings
- Records
- Retaliation
- Product Liability and Workers’ Compensation
- Disability Plans
- Repetitive Motion Injuries
- Occupational Illnesses
- Hearing Loss
- AIDS
- Fraud
- Safety Programs
- Directory of State Agencies
Miscellaneous Leave Provisions
- Court Appearance, Jury Duty, Military Service, and Voting
- Federal Laws Regarding Leave for Court Appearance, Jury Duty, Military Service, and Voting
- State Laws Regarding Leave for Court Appearance, Jury Duty, Military Service, and Voting
Interaction of FMLA with Other Federal Laws and with Workers’ Compensation Statutes
Overview
- The Pregnancy Discrimination Act and FMLA
- COBRA and FMLA
- ERISA and FMLA
- FLSA and FMLA
- Interaction Between the FMLA, the ADA, and Workers’ Compensation Statutes
- FMLA/Workers’Compensation Interplay Practice Tips
- Interplay Between ADA/FMLA/Workers’ Compensation Laws
Policies & Forms
- General Policy Issues Related to FMLA
- The Project Plan
- General Provisions to Be Included in a Policy
- Specific Policy Decisions
- A Special Issue—Sick Leave and Absenteeism
- Leave Banks
- Sample Family and Medical Leave Policy #1 (Long Form)
- Sample Family and Medical Leave Policy #2 (Short Form)
- Conditions for the Taking of Leave
- Procedure
- Benefit Continuation
- Restoration to Former or Equivalent Position
- Intent to Fully Comply with All State or Local Leave Laws
- Instructions to Supervisors on Company Obligations Under the FMLA
- Policy on Life-Threatening Diseases and Disabilities
- Employee’s Acknowledgment of Receipt and Review of Employer Leave Policies
- Family and Medical Leave Request Form
- Employer Response to Employee Request for Family or Medical Leave—U.S. Department of Labor
- Certification of Health Care Provider—U.S. Department of Labor
- Statement of Family Relationship
- Notice to Employer of Changes in Leave Plans
- FMLA Leave Periodic Status Report
- FMLA Tracker Form 1A
- FMLA Tracker Form 1B
- FMLA Tracker Form 2A
- FMLA Tracker Form 2B
- Fitness for Duty Certification
- Key Employee Notification
- Time Off for Elections
- Jury and Witness Duty Leave Sample Policy
- Sample Policies on Leave Banks
Policies & Forms
- FMLA Reguired Posting Notice
- FMLA Fact Sheet–DOL
- Full Text of the FMLA
- FMLA Regulations
- Federal Circuits and Included States
- DOL Opinion Letters Indexed by Topic
- DOL Opinion Letters Indexed by Opinion Numbers