Complying with the Family and Medical Leave Act has never been more complicated, now that revised regulations, effective January 16, 2009, demand changes to your company's policies and procedures. Now there's a single source for managing employees in any work environment. FMLA Compliance: Practical Solutions for HR.
This comprehensive management information resource combines three tools to make you the acknowledged leave law expert at your organization:
400+ page manual explaining every aspect of the Family & Medical Leave Act in the depth and detail you need to make sound and defensible decisions. It's will become the first and last place you turn for guidance on responding to a leave request, creating a leave policy, fighting intermittent leave abuse, and much more.
Quarterly issues of the FMLA Compliance Bulletin, the essential update service on this highly volatile law
A CD-ROM packed with forms and policies you can tailor to your organization's unique format, perfect for updating your employee handbook and supervisor manual.
FMLA Compliance: Practical Solutions for HR is guaranteed to help you:
Price: $297
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
Introduction
Chapter One: OVERVIEW OF FMLA REQUIREMENTS
General Applicability to Employers and Employees
Summary of Leave Requirements
Summary of FMLA Guarantees
Summary of Notice, Documentation, and Recordkeeping Requirements
Summary of Related Laws
Chapter Two: TO WHOM DOES THE FMLA APPLY?
Covered Employers
private employers
public employers
joint and integrated employers
successor liability
Eligible Employees
12-month requirement
1,250 hour requirement
50 employees within 75 miles of worksite
Interplay of the “50-Employee” Requirements
Chapter Three: SERIOUS HEALTH CONDITIONS
General Definition
Inpatient Care
Continuing Treatment
Incapacitation of more than three days
Type and number of treatments required
Pregnancy and prenatal care
Chronic, long-term, or permanent conditions
Treatment for Substance Abuse
Listed Conditions
Chapter Four: LEAVE TO CARE FOR A FAMILY MEMBER
Who Is a Spouse?
Common law spouses (including a discussion of homosexual couples married in California, Massachusetts, and Connecticut)
Same-sex partners
Who Is a Parent?
What Children Are Included?
Documentation of Relationship
The Meaning of “Needed to Care For”
Pregnant spouses
Covered servicemembers
Chapter Five: Leave for Military Families
Qualifying Exigency Leave
Military Caregiver Leave
Certification Requirements
Employee Notice Requirements
Distinguished from USERRA leave
Chapter Six: Intermittent Leave
Mandatory v. Optional Intermittent Leave
Medical Certifications for Intermittent Leave
Notice Requirements
New Strategies for Managing Intermittent Leave and Controlling Abuse
Return from Intermittent or Reduced Schedule Leave
Fitness for Duty Certifications
Chapter Seven: Leave for Pregnancy, Childbirth, or Adoption
Leave Before Childbirth or Adoption
Leave for husbands and boyfriends
Leave After Childbirth or Adoption
Intermittent leave
Spouses splitting leave
Chapter Eight: Other FMLA Requirements
Job Reinstatement Requirements
Same or equivalent position
Virtually identical pay and benefits
Exceptions to Reinstatement Requirement
Key employees
Other exceptions
Terminating an employee who is on leave
Maintenance of Health Benefits
Employee’s payment of premium
Failure to pay
Recovery of premiums paid
Maintenance and Restoration of Other Benefits
Interference and Discrimination
Chapter Nine: FMLA Policies
Notice Requirements in General
He Need for Written Policies
What Should Be in Your Policy?
Designating the leave year
Concurrent leave
What certifications are required
Moonlighting policy
Fraud and abuse
Working off the clock
Chapter Ten: FMLA Procedures
Employee Notice Obligations
Timing of notice
Content of notice
When no notice is notice
Employer Notice Obligations
General notice requirements
Eligibility notice
Designation notice
Certifying Serious Health Conditions
Military Leave Certifications
Designating Leave under the FMLA
Recertifications and Status Updates
Return-to-Work Certifications
FMLA Poster Requirements
FMLA Enforcement and Litigation
Recordkeeping Requirements
Chapter Eleven: FMLA’S Relationship to Other Laws
State Leave Laws
USERRA
COBRA
Title VII
Genetic Information and Nondiscrimination Act
Americans with Disabilities Act
Workers’ Compensation
FMLA, ADA, and Workers’ Compensation Combined
Appendix A: Answer Key for Quiz Questions
Appendix B: Overview of chapters
Appendix C: FMLA Forms
DOL Form WH-380-E – Certification of Health Care Provider for Employee’s Serious Health Condition (NEW)
DOL Form WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (NEW)
DOL Form WH-381 – Notice of Eligibility and Rights & Responsibilities (REVISED)
DOL Form WH-382 – Designation Notice (NEW)
DOL Form WH-384 – Certification of Qualifying Exigency for Military Family Leave (NEW)
DOL Form WH-385 –Certification for Serious Illness or Injury of Covered Servicemember (NEW)
WHD Publication 1420 – Employee Rights and Responsibilities under the FMLA (NEW)
Sample Leave of Absence Request
Appendix D: Interaction of ADA, FMLA, and Workers’ Compensation
Appendix E: State Leave Law Comparisons
State Family and Medical Leave Laws
State Pregnancy Laws
State Small Necessities Leave Laws
Appendix F: Sample Policies & Procedures
Sample Family and Medical Leave Policy
Sample Attendance Policy
Sample Vacation Policy
Sample Sick Leave Policy
Sample Personal Leave Policy
Sample Paid Time Off Policy
Sample Life-Threatening/Debilitating Disease Policy
Sample Life-Threatening/Debilitating Disease Procedure
Sample USERRA Leave Policy
Sample Bereavement Leave Policy
Sample Jury Duty/Witness Service Policy
Sample Time Off to Vote Policy
Sample Personal Leave of Absence Policy
Sample Attendance Corrective Procedure
Appendix G: The Family and Medical Leave Act (including 2008 amendments) and new final regulations
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.
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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