Now up-to-date with 2009 regulations, this go-to reference answers 400 of your FMLA questions, including:

FMLA Application

• Which employers are required to comply with FMLA?
• What private employers are covered by FMLA?
• Are private nonprofit organizations covered employers under FMLA?
• What public agencies are covered by FMLA?
• As a private employer, which employees do I have to count in determining if we’re covered?
• How do we count the number of employees we had each week over a two-year period?
• If we drop below 50 employees, how soon are we no longer covered?
• Are temporary staffing agencies covered employers under FMLA?
• How do temporary agencies count employees in determining whether they are covered?
• Do I have to comply with FMLA if the 50 employees are employed within 75 miles of the employee’s work site?
• Can individuals be liable for FMLA violations?

Employee Eligibility Requirements

• What are the eligibility requirements for FMLA leave?
• How do I determine whether an employee has worked for my organization for at least 1,250 hours in the preceding 12 months?
• How do I determine whether an employee works at a work site that has at least 50 employees?
• Are part-time employees eligible for FMLA leave?
• Are independent contractors eligible for FMLA leave?
• Are temporary employees eligible for FMLA leave?
• What FMLA obligations do I have to temporary workers hired through an employment agency?
• What FMLA obligations do I have to new employees who were hired as a result of a business acquisition or merger?
• How much leave are employees entitled to take?

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Serious Health Conditions

• If an employee or family member is hospitalized, is that a serious health condition?
• What’s a serious health condition under the category of “continuing treatment from a health care provider”?
• What does it mean for an employee or family member to receive “treatment” or “continuing” treatment?
• What’s a serious health condition under the “incapacitated for more than three days” category?
• Is pregnancy automatically considered a serious health condition?'
• What is a chronic health condition?
• What types of conditions are permanent or long-term for which treatment may not be effective?
• When may an employee take leave because of a condition that would likely result in three consecutive days of incapacitation if not treated?
• Are employees entitled to FMLA leave for their own or a family member’s cosmetic surgery, fertility treatments, or dental work?
• Are alcoholism and drug addiction considered serious health conditions?
• What types of health care providers are authorized to certify the existence of a serious health condition?
• What is the difference between a “serious health condition” and a “serious illness or injury”?

Family Relationships Under FMLA

• What type of family relationship is covered by FMLA?
• When is an employee entitled to FMLA leave to care for a spouse, parent, child, or sibling with a serious health condition?
• Under what circumstances is an employee “needed to care for” a family member with a serious health condition?
• What types of family relationships are covered by FMLA’s qualifying exigency and military caregiver leave provisions?
• How do I confirm a family relationship that entitles the employee to FMLA leave?

Pregnancy, Childbirth, and Adoption

• Should I require a pregnant employee to use FMLA leave for pregnancy-related absences?
• When is an employee entitled to FMLA leave to care for a pregnant wife or pursue an adoption?
• When can an employee take leave after the birth, adoption, or foster placement of a child?
• How much leave is a couple entitled to after the birth of a child if they both work for the same employer?

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Military Leave

• What employers are required to provide military leave under FMLA?
• What makes an employee eligible for military leave?
• When is an employee entitled to qualifying exigency leave?
• What type of military service is covered?
• How do I verify that a family member has been called to or is on active duty in support of a contingency operation?
• What types of circumstances are qualifying exigencies?
• What types of documentation may I require regarding the qualifying exigency?
• Under what circumstances may an employee qualify for military caregiver leave?
• How do I verify that a covered servicemember suffers from a serious illness or injury?
• How long does an employee have to use his 26 weeks of military caregiver leave?
• How do I calculate the amount of military caregiver leave an employee may take or has taken?

Intermittent Leave

• What is intermittent leave?
• When are employees entitled to intermittent leave?
• How much intermittent leave must an employee take before I can count it against her FMLA leave allotment?
• Do holidays count against FMLA leave limits?
• If an exempt employee is absent for less than a full day for FMLA leave, can I dock her pay?
• What restrictions can I place on an employee’s intermittent leave?
• How can I minimize problems associated with intermittent leave?

Employee Qualification Requirements

• What notice requirements must an employee meet in order to qualify for FMLA leave?
• How much advance notice must an employee provide of the need for foreseeable leave?
• How much can I require?
• How much notice is required for qualifying exigency leave?
• How much information must the employee provide in the notice or request for FMLA leave?
• Can I impose additional notice requirements on top of what is mentioned in the regulations?
• Once an employee has requested leave, what documentation can I require?

Required HR Considerations and Decision-Making Factors

• What general notice requirements apply under FMLA?
• What notices must I provide to an employee who has requested leave?
• What is the purpose of the Eligibility Notice?
• What is the purpose of the Rights and Responsibilities Notice?
• What information should be covered in the medical certification form?
• How should I get medical and other certification forms from employees who have requested leave?'
• How long does an employee have to return completed certification forms?
• How do I verify the accuracy of medical and other certification forms?
• What can I do if an employee fails to return completed certification forms within the designated deadline?
• What is the purpose of the Designation Notice?
• Under what circumstances may I deny an employee’s request for FMLA leave?
• Can I deny FMLA leave to key employees?
• What types of employees qualify as key employees?
• What procedures should I follow in designating someone as a key employee?

Managing Employees on Leave

• What information can I require employees to provide to me while they are on leave?
• When can I require recertification?
• When can I require an employee to provide a fitness-for-duty certification before returning from FMLA leave?
• How can I be sure a fitness-for-duty certification is accurate?
• How much time should I give employees to return a completed fitness-for-duty certification?
• What are my options if an employee never returns a fitness-for-duty certification?
• Can I require a fitness-for-duty certification when an employee returns from intermittent leave?
• What are my obligations regarding maintaining employees’ health benefits while they are on FMLA leave?
• Are there any exceptions to the maintenance of health benefits requirement?
• How should an employee pay her portion of health insurance premiums while on unpaid FMLA leave?
• If an employee doesn’t return from leave, can I require her to reimburse health insurance premiums paid?
• How do I verify that an employee is unable to return to work after FMLA leave because of an ongoing serious health condition, serious injury or illness, or circumstances beyond the employee’s control?
• What if an employee returns from FMLA leave but quits shortly thereafter?
• What if an employee transfers directly from FMLA leave to retirement?
• What does FMLA require regarding maintenance and restoration of employee benefits other than health insurance?
• Under what circumstances may I terminate an employee who is on FMLA leave?

Calculating Leave and Responding to Leave Termination

• What are my choices for what type of leave year we use?
• If my organization hasn’t yet chosen one of these methods but wants to, what do I need to do?
• What if my organization is currently using one method, but wants to change it?
• If an employee who requests FMLA has some type of paid leave available to her, how does that affect the amount of leave she may take?
• Can I require employees to take FMLA leave concurrently with workers’ compensation leave?

Managing Employees Returning from Leave

• What should I do when an employee has exhausted his FMLA leave?
• What job reinstatement rights does an employee have upon returning from FMLA leave?
• How do I make sure the employee is returned to a job that has substantially similar duties and responsibilities?
• How can I be sure employees are provided with equivalent pay when they return from FMLA leave?
• Can I consider FMLA absences when awarding bonuses?
• How can I be sure employees are provided with virtually identical benefits when they return from FMLA leave?
• What are my obligations if an employee has used up his FMLA leave and is still unable to return to work?
• Under what circumstances may I refuse to reinstate an employee who has exhausted FMLA leave?

FMLA Interaction with Other Laws

• What types of state leave laws do I need to be concerned about when an employee takes FMLA leave?
• If my state has a law that may conflict or overlap with FMLA, which law do I comply with?
• How do FMLA’s military family leave requirements compare to and interact with the USERRA’s leave requirements?
• How does the FLSA, Title VII, GINA, COBRA, ADA, and state workers’ compensation laws interact with FMLA?
• What is the difference between a disability under the ADA and the types of health conditions that are covered under FMLA?
• How specifically should I go about determining whether an employee is covered by both laws?
• What happens when an employee is protected by both FMLA and workers’ compensation?
• How do I tell if an employee’s situation falls under FMLA, ADA, and workers’ compensation?

Preventing and Responding to FMLA Violations, Complaints, and Lawsuits

• What provisions should be included in my FMLA policy?
• What happens when an employee files a DOL complaint?
• What types of FMLA violations or complaints are investigated by the WHD?
• What happens in a formal investigation?
• What types of records might I be required to provide for the investigator’s review?
• How should I handle employee interviews?
• What happens when the investigation has been concluded?
• What happens if we can’t reach an agreement with the WHD on how to resolve the complaint?
• What should I do when an employee complains internally about a possible FMLA violation?
• What should I do if I discover an FMLA violation on my own?

Your HR Q&A: Family & Medical Leave Act Author, Julie Athey

Employment law attorney Julie Athey has written numerous publications for human resources professionals, including Overtime Revisited: The DOL’s Final Regulations and How to Fire Employees Without Getting Burned. Julie's excellent legal and editorial skills make HR Q&A: Family and Medical Leave ACT accessible, helpful, and accurate.