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The Top 8 Facts about FMLA that Every Manager needs to know
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The Top 8 Facts about FMLA that Every Manager needs to know


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A quick and dirty guide to the nitty gritty of FMLA regulations

A quick and dirty guide to the nitty gritty of FMLA regulations

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  • 1. The Top 8 Facts about FMLA Regulations every Manager needs to know A quick and dirty guide to the Family and Medical Leave Act
  • 2. 1) FMLA guarantees 12 weeks of leave
    • FMLA regulations provide up to 12 weeks of unpaid leave per year* for a:
      • Serious health condition
      • Family members** serious health condition (spouse, parents, children)
    • It preserves when they return :
      • the employees’ job(or an equal position)
      • pay
      • benefits
      • seniority
  • 3. 2) FMLA leave starting point: The how, the who, the what
    • There are no magic words that an employee has to use to trigger a request for FMLA leave .
    • Absences of three days or longer may trigger FMLA leave
    • Employee bringing you a medical certification may trigger FMLA status.
  • 4. 3) What’s a boss to do in FMLA regulations
    • A boss can:
      • can request physician certification,
      • secure this physician certification,
      • ask for clarification of that certification if they don’t understand it
      • ask for a 2 nd examination of the employee (on the company’s dime)
      • in fact, if they’re not happy with that examination, the employer can get a third opinion. This is final.
      • approve or deny FMLA leave.
  • 5. 4) Four terms to know in FMLA regulations
    • Serious Health Condition
    • Treatment
    • Certification
    • Foreseeability
  • 6. 5) Serious Health Condition
    • A serious heath condition requires treatment involving overnight hospital care or ongoing medical care.
    • The condition must prevent them from doing their job.
    • In the absence of child birth/adoption or military leave-an employee doesn’t have an FMLA claim unless they have a serious health condition.
  • 7. 6) Treatment
    • Treatment is important in determining whether an employee is entitled to take leave in the first place.
    • Treatment is not a facial, it’s medical care by a recognized health provider.
    •   Treatment includes
      • 3 days absent with 2 doctor’s visits or 1 doctor visit and continuing care
      • Incapacity from a chronic condition, birth/pre-natal care, or a long term condition
  • 8. 7) Certification
    • This is the mechanism in FMLA regulations by which the employee proves their entitlement and the employer is able to define the benefit extended to the employee.
    • Think of certification as the employees’ proof but the employers’ opportunity to define the benefit, that’s the key to certification
  • 9. 8) Foreseeability
    • This simple term is critical in the process of determining when leave can be granted.
    • Even more importantly, foreseeability is going to be real critical in determining the way in which intermittent and reduced leave schedule can be provided.