This comprehensive management resource for Human Resources professionals and law libraries is your single source for state and federal leave law questions.
Your FMLA Compliance purchase includes a quarterly FMLA Compliance Bulletin to keep you up-to-date with the latest court rulings and agency developments, including an in-depth look at the newly signed FMLA leave expansion and proposed new regs from the DOL.
Price: $297
Other benefits include a 330-page manual and a CD-ROM containing over 20 valuable time-saving forms and policies,
all to help you:
Keep your existing leave policies compliant with the latest court rulings and agency developments.
Find answers to the leave questions coming at you from all directions
Challenge suspected abuse of FMLA leave
Save your organization thousands by stopping productivity loss and avoiding legal skirmishes
All without hours of research or using sources
of questionable accuracy.
FMLA Compliance: Practical Solutions for HR covers everything you need to know about this complex statute:
Creating a FMLA Policy
Employer and Employee Rights and Exclusions
Serious Health Conditions
Caring for Family Member
Intermittent Leave
Pregnancy, Childbirth and Adoption
Reinstatement
Retention of Benefits
Notice Obligations
Recertification
Recordkeeping
FMLA Interaction with ADA and Workers' Comp
State Leave Law Comparison
Forms, Policies and Procedures
Table of Contents
FMLA Compliance: Practical Solutions for HR is your comprehensive reference to every leave law nook and cranny. It uses plain English and real-world scenarios to illuminate and clarify even the most complex parts of this ever-shifting statute.
Just look at everything you get:
Chapter One: Overview of FMLA Requirements
Reasons eligible employees may take FMLA leave
Employer requirements for after leave
Discrimination/retaliation provisions in FMLA
Employer group health insurance benefit requirements
Communication requirements:
Employee FMLA rights
Leave classification
Determining a serious health condition
Recordkeeping and privacy requirements
Other federal and state laws implicated when an employee requests family or medical leave
Chapter Two: To Whom Does FMLA Apply?
FMLA coverage
Determining number of employees for FMLA coverage purposes
FMLA application to joint employers, integrated employers, and successors in interest
Employee FMLA eligibility requirements
Meeting the 12-month requirement
Meeting the 1,250-hour requirement
Rules for determining whether an employee meets the “50 employees within 75 miles” requirement
Chapter Three: Serious Health Conditions
Defining “serious health condition”
Qualifications for inpatient care or treatment, post-hospitalization recovery time and follow-up treatment
"Continuing treatment by a health care professional” including 72 consecutive hours rule, pregnancy and prenatal care, chronic health conditions, restorative surgery after an accident, treatment for addiction to controlled substances
Permitted health care providers under FMLA
Chapter Four: Leave to Care for a Family Member
Defining family member for purpose of FMLA caregiving limits
Reasonable documentation requirements
Medical certification requirements
Chapter Five: Intermittent Leave
Introduction to intermittent leave
When employers are required to allow intermittent leave
When employees are not entitled to intermittent leave, including circumstances surrounding the birth or adoption of a child
Different intermittent leave rules for public school boards and public and private schools
Employee obligations regarding the granting of intermittent leave
Rules for tracking intermittent leave
FLSA, FMLA, and pay docking of exempt employees who have partial-day absences
Rules for transferring employees who take intermittent leave
Procedures for reducing intermittent leave abuse
Employees’ rights upon return from intermittent or reduced schedule leave
Certification of fitness to return to work after intermittent or reduced schedule leave
Chapter Six: Leave for Pregnancy, Childbirth, or Adoption
FMLA leave for pregnancy and adoption
An employee’s entitlement to FMLA leave — including intermittent leave — during pregnancy
Certification requirements for intermittent leave
Designing a leave schedule that minimizes disruptions to business operations
Risks in transferring pregnant employees to an alternative position that would better accommodate intermittent leave
Male employee intermittent leave rights for prenatal visits
Certifying and documenting leave for adoption
FMLA leave to care for a newborn or newly adopted child
When both parents work for the same employer
Permissible limits on FMLA leave after the birth or adoption of a child
Chapter Seven: Other FMLA Requirements
Job reinstatement requirements
Maintaining group health benefits, and recovering premiums if the employee doesn’t return
Avoiding discriminating or retaliating against employees who use FMLA
When employees aren’t entitled to reinstatement at the end of FMLA leave
Refusing to reinstate “key employees” at the end of FMLA leave
Terminating health insurance at the conclusion of FMLA leave
Maintaining and reinstating other benefits during FMLA leave
Dangers of employer interference in employee exercising rights
Counting FMLA leave against a no-fault attendance policy
Chapter Eight: FMLA Policies
Employer notice requirements
Handbook requirements
What all FMLA policies must include
8 recommended additions to your FMLA policy
Chapter Nine: FMLA Procedures
Employee notice requirements in foreseeable and unforeseeable situations
Employer’s notice obligations to employees who have requested or need FMLA leave
Medical certification specifics
Employer recourse in the face of dubious medical certifications
Designating absences as falling under FMLA over the objections of the employee
Retroactively designating FMLA leave
Recertifying serious health conditions at various points during leave
Requiring a new medical certification for an employee’s first absence in a new leave year
Requiring employees on FMLA leave to periodically report status and intent to return
Return-to-work certification policies and procedures
Recordkeeping obligations under the FMLA
Confidentiality requirements
Chapter Ten: FMLA’s Relationship to Other Laws
State leave laws
USERRA
COBRA
Title VII
Americans with Disabilities Act
Workers’ Compensation
FMLA, ADA, and Workers’ Compensation Combined
Appendix A: FMLA Forms
WH-380, WH-381, Fact Sheet #28,
Medical Certification Checklist
Sample Leave of Absence Request
Appendix B: Interaction of ADA, FMLA,
and Workers’ Comp Law Provisions
Quarterly FMLA Compliance Bulletin issues
keep you up to speed
Your FMLA Compliance purchase includes a quarterly FMLA Compliance Bulletin to keep you up-to-date with the latest court rulings and agency developments, including an in-depth look at the newly signed FMLA leave expansion and proposed new regs from the DOL.
CD-ROM Contains Time-Saving Documents
Your purchase also includes a CD-ROM containing over 20 forms, policies and procedures, ready for you to customize for your organization. Nothing could be faster or easier.
Automatic Updates Keep Your Guide Current
To make sure FMLA Compliance: Practical Solutions for HR remains up to date, we closely monitor legislative, regulatory, and judicial developments. Each year we'll rush you a replacement edition on a 30-day-review basis, and bill you at the then-current rate. You pay only if you decide to keep the updated edition.
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