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


Published on

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

1 Like
  • Be the first to comment

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

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

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