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Family and Medical Leave Guide

Family and Medical Leave Guide

By Wolters Kluwer Editorial Staff


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The Family and Medical Leave Guide is intended to answer those complex issues that arise as leave is being administered day-by-day. The Guide provides a clear understanding of how the FMLA works and how you can be compliant.

Failure to comply with FMLA rules and requirements can have powerfully negative consequences, including costly fines, penalties, investigations, litigation, and even individual liability for corporate officers. Family and Medical Leave Guide provides an easy-to-understand, concise explanation of the FMLA, including which situations it covers, how it relates to other workplace laws, and how organizations can comply.

Specifically, the Family and Medical Leave Guide contains discussions of the following topics:

  • The New FMLA Regulations
  • Covered employers
  • Eligible employees
  • Leave situations
  • Serious health conditions
  • Employer/employee notification obligations
  • Certification requirements
  • Who is a health care provider
  • Intermittent and reduced schedule leaves
  • Recordkeeping requirements
  • Designation of leave
  • FMLA's relationship to other laws and employer policies
  • Prohibited practices
  • Enforcement and remedies

Family and Medical Leave Guide also includes:

  • Easy-to-understand, non-technical explanations and analysis
  • Forms, documents and posters
  • Dozens of example scenarios and real-life cases that help to clarify complicated rules and requirements
  • And more!

Family and Medical Leave Guide includes important updates and improvements, including:

  • Equal Employment Opportunity Commission regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 provide "safe harbor" language with regard to medical certification for FMLA leave requests
  • Practice Aid: Will Employers Soon Use GPS to Catch FMLA Abuse?
  • The U.S. Supreme Court has agreed to consider whether states can be sued for violations of the FMLA's "self-care" provision
  • The Second Circuit held an employee's right to provide notice through a spokesperson if the employee is unable to provide notice personally trumps an employer's right to require compliance with a policy mandating notice be given to a specific individual
  • The Fourth Circuit became the tenth Court of Appeals to hold that a state cannot be sued under the FMLA's self-care provision because Congress did not validly abrogate the state's Eleventh Amendment sovereign immunity
  • The Seventh Circuit held that an employee's email comment that he would rather not take FMLA leave left open the possibility that he might want to take FMLA leave after all; thus, the email was not an unequivocal waiver of his right to take FMLA leave
  • The Eighth Circuit embraced an FMLA-estoppel theory, but ruled that the theory cannot succeed unless the employee first triggers the statute's protection by providing the employer with notice that she may require FMLA leave
  • The Ninth Circuit held that although an employee was continuously employed at a single retail store location, a change in the store's ownership restarted the FMLA's 12-months-of-employment eligibility requirement
  • The Eleventh Circuit held that an employee's filing of a complaint with the Labor Department does not preclude a civil action.
  • A federal district court in Ohio ruled that an employee could pursue in court an action for liquidated damages after an arbitrator had awarded him lost wages and benefits in grievance arbitration on his claim that his termination violated a collective bargaining agreement's "just cause" requirement
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Resources Highlight
Last Updated 10/01/2018
Update Frequency Updated annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9780735579118
SKU 10045347-7777
Table of Contents
  • Coverage
    • Family and Medical Leave Act of 1993
    • Covered Employers
    • Employers Defined
    • Eligible Employees
  • Leave Entitlement
    • What Kind of Time Off?
    • Identifying FMLA Leave Situations
    • Designation of Leave
    • When Leave Must Be Granted
    • Pregnancy-Related Issues
    • Adoption Leave
    • Employee's Health Condition
    • Family Care-Giving Leave
    • What Is a Serious Health Condition?
    • Intermittent or Reduced Schedule Leave
    • Local Educational Agencies
    • Special Rules for Families of Service Members
  • Compensation and Benefits
    • Unpaid Leave
    • Substitution of Paid Leave
    • Benefits
    • Premium Payments
    • Employer Recovery of Premiums
    • Job Restoration
    • Key Employees
    • When May Job Restoration Be Denied?
    • Fitness-for-Duty Certification
  • Notification and Recordkeeping
    • Employee Notification: Foreseeable Leave
    • Employee Notification: Unforeseeable Leave
    • What If No Notice Is Given?
    • When May FMLA Protection Be Postponed or Denied?
    • Employer Notification
    • Employer Notification: Key Employees
    • Recordkeeping
  • Certification Requirements
    • Certification
    • Who Is a Health Care Provider?
    • Information to Be Included in Certification of a Serious Health Condition
    • Second and Third Medical Opinions
    • Information to Be Included in Certification of Qualifying Exigency
    • Information to Be Included in Military Caregiver Certification
  • Prohibited Practices
    • Interference with Employee Rights
    • Retaliatory Discharge or Discrimination
    • Interference with Proceedings
    • Individual Liability
  • Enforcement and Remedies
    • Administrative Enforcement
    • Court Enforcement
    • Remedies and Penalties
    • Enforcement Statistics
  • Relation to Other Laws and Employer Policies
    • FMLA, ADA, Workers' Compensation: Sorting It All Out
    • Determining What Rules to Apply
    • ADA Issues: Treating Leave as Reasonable Accommodation
    • Workers' Compensation Issues: Leave as Workers' Compensation Disability
    • Workers' Compensation Injury as ADA Disability Under FMLA Leave
    • Coordinating ADA, FMLA, and Workers' Compensation Policies
    • State Laws
    • Summary of State Family/Medical Leave Laws
    • Constitutional Protections
    • Employer Leave Policies
  • Federal Employees
    • Civil Service Employees
    • Congressional Employees