This is a complete guide to FMLA, including qualifying factors, notice requirements, certification, calculating and tracking leave, employer responsibilities, and additional resources.
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave per year for family and medical reasons to eligible employees at employers with 50 or more employees.
Under FMLA, employees are entitled to return to their same or an equivalent job at the end of their FMLA leave and retain their group health insurance coverage. FMLA also provides certain military family leave entitlements for eligible employees.
The Key Changes in The Payment of Bonus (Amendment),Act 2015
(a) The official amendment provides that the benefits of the Act would be deemed to have come into force on April 1, 2014, instead of April 1, 2015.
(b) The employee’s eligibility limit enhanced from Salary of Rs.10000/- Per Month to Rs.21000/- Per Month w.e.f. 1st April 2014.
(c) The BONUS calculation ceiling limit enhanced from Rs.3500/- Per Month to Rs.7000/- Per Month or the minimum wages for the scheduled employment, as fixed by the appropriate Government, whichever is higher w.e.f. 1st April 2014.
The official amendment provides that the benefits of the Act would be deemed to have come into force on April 1, 2014, instead of April 1, 2015.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively manage the documentation and processes for employees with prolonged illness or employees with inability to work due to occupational hazards, leading to medical boarding out.
Gratuity is an old age retiral social security
benefit. It is a lump sum payment made by an
employer to an employee in consideration of
his past service when the employment is
terminated. In the case of employment coming
to an end due to retirement or superannuation,
it enables the affected employee to meet the
new situation which quite often means a
reduction in earnings or even total stoppage of
earnings. In the case of death of an employee,
it provides much needed financial assistance
to the surviving members of the family. Gratuity
schemes, therefore, serve as instruments of
social security and their significance in a
developing country like India where the general
income level is low cannot be over emphasised.
Presentation will be useful for industry practitioners, students as well as auditors. It provides a quick and easy reference to all the operational provisions of the act.
The Key Changes in The Payment of Bonus (Amendment),Act 2015
(a) The official amendment provides that the benefits of the Act would be deemed to have come into force on April 1, 2014, instead of April 1, 2015.
(b) The employee’s eligibility limit enhanced from Salary of Rs.10000/- Per Month to Rs.21000/- Per Month w.e.f. 1st April 2014.
(c) The BONUS calculation ceiling limit enhanced from Rs.3500/- Per Month to Rs.7000/- Per Month or the minimum wages for the scheduled employment, as fixed by the appropriate Government, whichever is higher w.e.f. 1st April 2014.
The official amendment provides that the benefits of the Act would be deemed to have come into force on April 1, 2014, instead of April 1, 2015.
The first of its kind, this seminar is held to provide participants with the knowledge and skills to effectively manage the documentation and processes for employees with prolonged illness or employees with inability to work due to occupational hazards, leading to medical boarding out.
Gratuity is an old age retiral social security
benefit. It is a lump sum payment made by an
employer to an employee in consideration of
his past service when the employment is
terminated. In the case of employment coming
to an end due to retirement or superannuation,
it enables the affected employee to meet the
new situation which quite often means a
reduction in earnings or even total stoppage of
earnings. In the case of death of an employee,
it provides much needed financial assistance
to the surviving members of the family. Gratuity
schemes, therefore, serve as instruments of
social security and their significance in a
developing country like India where the general
income level is low cannot be over emphasised.
Presentation will be useful for industry practitioners, students as well as auditors. It provides a quick and easy reference to all the operational provisions of the act.
The Southwest California Legislative Council is an advocacy coalition comprised of representative members of the Temecula Valley, Murrieta, Wildomar, Menifee Valley, Lake Elsinore Valley and Perris Valley Chambers of Commerce representing more than 3,500 employers dedicated to promoting job growth, economic expansion, and preserving the overall global competitiveness of California.
Prepared remarks for City Attorney Dennis Herrera: commencement address to graduating law students of Golden Gate University School of Law, at the Nob Hill Masonic Center, 1111 California Street in San Francisco, California (May 13, 2005)
Join San Francisco labor and employment attorneys Jason Brown and Annie Lau for an interactive presentation and discussion about employment law and managing risks in the startup workforce.
It is never too soon to have this discussion. As your startup grows your risk will grow with the increasing number of hiring, firing, promoting, and disciplining decisions you need to make. Often, employment risks lie unaddressed in the context of rapid workforce growth, or equally so with rapid workforce reduction.
The startup world is unmatched in this volatility, and likewise in the level of risk a volatile workforce presents. And yet many startups focus so much on growth and culture that they miss evaluating the employment risks inherent in that growth, and of that culture. The resulting lawsuits are damaging, but often they are also avoidable, or at least mitigated.
What tools do you have to protect your startup against them? And more importantly, can you maintain both your culture, and a culture of compliance?
Come with your questions, concerns and scenarios.
Effective July 1, 2015, California’s sick leave law will require employers to pay their employees sick leave. Almost all employers fall under this law, requiring them to give full time, part time, temporary and per diem employees sick pay.
The new California sick leave law covers all employers who have at least one employee that works more than 30 days in a year in the State of California.
Family Values @ Work's 21 diverse state coalitions celebrates 11 years of winning activism and advocacy for working families. The following program book highlights the impressive work of activists in our coalition and features Game Changer awardees.
State and Federal Labor Law Posters
The Michigan Chamber has consolidated ALL of the required notices on four attractively printed and laminated 18x24 sheets. Our posters are always up-to-date as we have staff in constant contact with each of the issuing agencies and departments.
With all of the regulations and forms, FMLA can be very confusing to understand and comply with. The overlapping State and Federal laws, eligibility qualifications, and process requirements make FMLA into a complicated regulation, but with the right information it doesn’t have to be a headache. Join KPA’s Human Resource Advocate, Kim Kavanagh, as she helps to take the mystery out of FMLA. Kim will delve into:
• Employer responsibilities
• Employee eligibility
• What documents are required and when
• Overlapping State and Federal Laws
• The intricacies of FMLA
Leave Under the Family and Medical Leave Act The Family and Me.docxSHIVA101531
Leave Under the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 8 workweeks of unpaid leave for certain family and medical reasons during a 6 month period. During this leave, the employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, the employee, subject to some exceptions, generally has a right to return.
Employee Eligibility Criteria
To be eligible for the FMLA leave, an employee must have been employed by the Company:
· For at least twelve months (which need not be consecutive)
· For at least 90 days during the twelve-month period immediately preceding the commencement of the leave
· At a work site with fifty or more employees or where fifty or more employees are located
Events That May Entitle an Employee to the FMLA Leave
The FMLA leave may be taken for any one, or for a combination, of the following reasons:
· A "serious health condition"
· The birth of a child
Limitations of the FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within twelve months after the birth or placement of the child.
When both spouses are employed by the company, they are together entitled to a combined total of twelve workweeks of the FMLA leave within the designated twelve-month period for the birth, adoption, or foster-care placement of a child with the employees, for aftercare of a newborn or a newly placed child, and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to an additional FMLA leave for other FMLA qualifying reasons (that is, the difference between the leave taken individually for any of the above reasons and twelve workweeks, but not more than a total of twelve workweeks per person).
For example, if each spouse took six weeks of leave to care for a newborn child, each could later use an additional six weeks of leave due to his or her own serious health condition or to care for a child with a serious health condition.
An Intermittent or a Reduced Work Schedule Leave
Intermittent leave is leave taken in separate blocks of time. Reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours per workweek or hours per workday.
If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as to not disrupt the company’s operations unduly. When an employee takes an intermittent or a reduced work schedule leave for a planned medical treatment, the company may temporarily transfer the employee to an alternative position with the equivalent pay and benefits for which the employee is qualified and which better accommodates the recurring periods of leave.
Requests for the FMLA Leave
An employee should request for the FMLA leave by completing the Employer's Request for Leave form and submitting it to t ...
Family Medical Leave Act (FMLA) Attorneys - Mansell Law Columbus OhioGreg Mansell
Columbus Family Medical Leave Act (FMLA) attorneys representing clients in Ohio in FMLA discrimination, FMLA retaliation, & interference with FMLA rights.
Michigan & Federal Labor Law Poster Set
$49.00 first-time customers
$29.00 renewal rate within 12 months for returning customers
The Michigan Chamber of Commerce consolidates all of the mandatory state and federal notices in their required sizes on four 18x24 attractively printed and laminated sheets.
Thousands of Michigan companies trust the Michigan Chamber for their labor law poster needs.
Leave Under the Family and Medical Leave Act The Family and Me.docxsmile790243
Leave Under the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 8 workweeks of unpaid leave for certain family and medical reasons during a 6 month period. During this leave, the employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, the employee, subject to some exceptions, generally has a right to return.
Employee Eligibility Criteria
To be eligible for the FMLA leave, an employee must have been employed by the Company:
· For at least twelve months (which need not be consecutive)
· For at least 90 days during the twelve-month period immediately preceding the commencement of the leave
· At a work site with fifty or more employees or where fifty or more employees are located
Events That May Entitle an Employee to the FMLA Leave
The FMLA leave may be taken for any one, or for a combination, of the following reasons:
· A "serious health condition"
· The birth of a child
Limitations of the FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within twelve months after the birth or placement of the child.
When both spouses are employed by the company, they are together entitled to a combined total of twelve workweeks of the FMLA leave within the designated twelve-month period for the birth, adoption, or foster-care placement of a child with the employees, for aftercare of a newborn or a newly placed child, and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to an additional FMLA leave for other FMLA qualifying reasons (that is, the difference between the leave taken individually for any of the above reasons and twelve workweeks, but not more than a total of twelve workweeks per person).
For example, if each spouse took six weeks of leave to care for a newborn child, each could later use an additional six weeks of leave due to his or her own serious health condition or to care for a child with a serious health condition.
An Intermittent or a Reduced Work Schedule Leave
Intermittent leave is leave taken in separate blocks of time. Reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours per workweek or hours per workday.
If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as to not disrupt the company’s operations unduly. When an employee takes an intermittent or a reduced work schedule leave for a planned medical treatment, the company may temporarily transfer the employee to an alternative position with the equivalent pay and benefits for which the employee is qualified and which better accommodates the recurring periods of leave.
Requests for the FMLA Leave
An employee should request for the FMLA leave by completing the Employer's Request for Leave form and submitting it to t ...
Assignment 2 Required Assignment 1—The FMLA in PracticeThe Family.docxMerrileeDelvalle969
Assignment 2: Required Assignment 1—The FMLA in Practice
The Family and Medical Leave Act (FMLA) was enacted in 1993 and entitles eligible employees of employers covered under it to take unpaid, job-protected leave for specific family and medical reasons. During this leave, group health insurance coverage continues under the same terms and conditions applicable if the employees had not taken leave.
You may access the latest rules covered under the FMLA at the following Web site:
U.S. Department of Labor. (n.d.)
Wage and Hour Division (WHD): Family Leave and Medical Act
. Retrieved from
http://www.dol.gov/whd/fmla/
In this assignment, you will analyze the FMLA policy of an organization to understand the policy's role and importance in employee management.
Tasks:
Click
here
to access and read a portion of the employee handbook of Widgets Inc. that outlines the company's FMLA policy statement. Analyze the handbook on the basis of FMLA guidelines. Identify a minimum of five errors or oversights that relate to the FMLA and list their solutions in a separate document.
In addition, in the same document, include answers to the following questions:
What are three alternative methods of calculating twelve weeks of leave within a twelve-month period? Which method do you believe is the best and why?
An employee should give as much notice as possible to his or her employer. The Department of Labor suggests a minimum notice of thirty days. What if an employee needs emergency FMLA leave? Is the employee still allowed to take FMLA leave, although he or she was unable to give the thirty-day notice?
What are the legal ramifications if the same position is not available to an employee on his or her returning from FMLA leave?
During an employee's FMLA leave, Widgets Inc. downsizes and closes the department in which the employee works. What will happen to the employee? What are the legal ramifications?
Submission Details:
Save your final document as M3_A2_Lastname_Firstname.doc and, by
Wednesday, February 1, 2017
, submit it to the
M3: Assignment 2 RA 1 Dropbox
.
Assignment 2 Grading Criteria
Maximum Points
Identified a minimum of five errors or oversights on the basis of the FMLA policy and suggested practical solutions for each.
56
Evaluated alternative methods of calculating twelve weeks of leave within a twelve-month period.
32
Explained the stand of the FMLA policy if an employee needs emergency FMLA leave without giving the thirty-day notice.
24
Explained the legal ramifications if the same position is not available to an employee on his or her returning from FMLA leave.
24
Explained the legal ramifications if a company downsizes and closes the department in which the employee works during the employee’s FMLA leave.
24
Wrote in a clear, concise, and organized manner; demonstrated ethical scholarship in accurate representation and attribution of sources; displayed accurate spelling, grammar, and punctuation.
40
Total:
200
WIDGETS FAMILY LEAVE HANDBOOK.
HR Webinar: HR Professional’s Role in Managing Leave of AbsenceAscentis
Requests for leaves of absence rank among the most frequently encountered challenges faced by the HR professional because employers must contend with a patchwork of employee-friendly statutes, including federal, state and local leaves – it’s important to understand how these leaves coordinate because they often contain overlapping and sometimes conflicting employee rights and employer obligations.
Observations and Data (1 mark) Table 1 Masses of solvent and .docxhopeaustin33688
Observations and Data
(1 mark) Table 1: Masses of solvent and solute used
Mass of sample vial and biphenyl : 15.534 g
Mass of sample vial emptied : 14.00 g
Mass of biphenyl :2.110 g
Unknown number :2
Mass of sample vial and unknown: 13.440 g
Mass of emptied sample vial : 13.123 g
Mass of unknown added to the biphenyl: 0.240 g
(5 marks: for the interpretation of graphs and the data in Table 2)
Table 2: Freezing point data and freezing point depression by unknown
Freezing point of pure biphenyl from run 1: 68.1 celcies
Freezing point of pure biphenyl from run 2 : 68.2 celcies
Freezing point of pure biphenyl from run 3 : 68.2
Average freezing-point of pure biphenyl : 68.2
Freezing point of solution of unknown in biphenyl from run 1: 60.2
Freezing point of solution of unknown in biphenyl from run 2 : 61.4
Freezing point of solution of unknown in biphenyl from run 3 : 60.5
Average freezing point of solution of unknown in biphenyl : 60.7
Freezing point depression : -7.4
1. (3 marks) Calculate the molality of the solution of the unknown in biphenyl.
2. (3 marks) Calculate the molar mass of the unknown
3. (3 marks) You will have been given one of the molecules depicted in the introduction as
your unknown. Which do you believe it is? Base your choice on the experimental molar
mass you calculated from your data, and comment on how certain you are of your
identification
Leave Under the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 8 workweeks of unpaid leave for certain family and medical reasons during a 6 month period. During this leave, the employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, the employee, subject to some exceptions, generally has a right to return.
Employee Eligibility Criteria
To be eligible for the FMLA leave, an employee must have been employed by the Company:
· For at least twelve months (which need not be consecutive)
· For at least 90 days during the twelve-month period immediately preceding the commencement of the leave
· At a work site with fifty or more employees or where fifty or more employees are located
Events That May Entitle an Employee to the FMLA Leave
The FMLA leave may be taken for any one, or for a combination, of the following reasons:
· A "serious health condition"
· The birth of a child
Limitations of the FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within twelve months after the birth or placement of the child.
When both spouses are employed by the company, they are together entitled to a combined total of twelve workweeks of the FMLA leave within the designated twelve-month period for the birth, adoption, or foster-care placement of a child with the employees, for aftercare of a newborn or a newly placed child, and to care for a parent (but not in-law) with a serious health.
F.U.N. slides Family and Medical Leave Act (FMLA)gwhumanresources
GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slide on FMLA http://gwhumanresources.com/slides/
Employers may provide their employees with various types of paid or unpaid leave as part of their overall compensation packages, including vacation time, personal leave and sick leave. Employers have some flexibility when it comes to establishing or negotiating employee leave policies. However, federal laws such as the Family and Medical Leave Act (FMLA) require covered employers to provide employees with leave in certain situations.
In addition to federal leave laws, Kansas has employee leave laws regarding:
• Jury duty leave;
• Voting leave;
• Pregnancy leave;
• Domestic violence leave; and
• Military and National Guard leave.
What Should I Pay? Compensation Trends for Northeast Ohio ManufacturersERC
Most Northeast Ohio manufacturers are increasing wages, but not by much. This presentation features actual and projected base pay Increases in NEO, percent of NEO employers that provided base pay increases, and what top performers are looking for in a company.
Many notable trends emerged throughout 2013 which will
affect employers’ initiatives related to legal compliance, health care/benefits, compensation, talent management, and hiring in 2014.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
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RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
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Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
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Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
2. WHAT IS
FMLA?
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave per year for
family and medical reasons to eligible employees at employers with 50 or more employees.
Under FMLA, employees are entitled to return to their same or an equivalent job at the end of
their FMLA leave and retain their group health insurance coverage. FMLA also provides certain
military family leave entitlements for eligible employees.
ELIGIBILITY
In order to be eligible to take leave under FMLA, an employee must:
WORK FOR
AN EMPLOYER
COVERED
UNDER FMLA
HAVE WORKED
1,250 HOURS
DURING THE 12
MONTHS PRIOR
TO THE START
OF LEAVE
WORK AT A
LOCATION WHERE
THE EMPLOYER
HAS 50 OR MORE
EMPLOYEES
WITHIN A 75-MILE
RADIUS
HAVE WORKED
FOR THE
EMPLOYER FOR
12 MONTHS,
WHICH DO NOT
HAVE TO BE
CONSECUTIVE
With regard to consecutive employment, generally, only employment in the last seven (7) years
is counted unless there is a break in service due to an employee’s military obligations or by a
collective bargaining/other written agreement.
3. According to the Department
of Labor (DOL), FMLA must
be granted to eligible
employees in a full block of
time or intermittently for the
following qualifying reasons:
QUALIFYING
FACTORS &
SERIOUS HEALTH
CONDITIONS
The birth of a child and to care for the newborn child within one year of birth.
The placement with the employee of a child for adoption or foster care and to care for the
newly placed child within one year of placement.
To care for the employee’s spouse, child, or parent who has a serious health condition.
A serious health condition that makes the employee unable to perform the essential
functions of his or her job; serious health conditions can include:
•
•
•
•
•
•
inpatient care
absence plus treatment
pregnancy and prenatal care
chronic conditions requiring treatment
permanent/long term conditions requiring supervision
conditions that require multiple treatments (non-chronic)
For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter,
or parent is on covered active duty or call to covered active duty status as a member of the
National Guard, Reserves, or Regular Armed Forces.
Employees may take FMLA leave for reasons related to certain military deployments of their
family members. Additionally, they may take up to 26 weeks of FMLA leave in a single 12-month
period to care for a covered service member with a serious injury or illness if the eligible
employee is the service member’s spouse, son, daughter, parent, or next of kin.
4. NOTICE
REQUIREMENTS
There are several notice requirements
under FMLA that both employers
and employees must follow to stay
compliant with the law.
EMPLOYERS
EMPLOYEES
• Must provide an eligibility notice
(“Notice of Eligibility and Rights
& Responsibilities”) to notify the
employee of their eligibility to take
FMLA leave within 5 business days
and must include a) if the employee is
eligible for FMLA or b) if not eligible
for FMLA, why they are not eligible.
• Are required to provide 30-day
advanced notice of their need to take
FMLA leave (if the need is foreseeable
and notice is practicable).
• Must provide a designation notice
(“Designation Notice”) to notify
the employee, in writing, regarding
whether leave will be designated and
counted as FMLA leave within 5
business days.
• Are required to provide notice as
soon as practicable – either same or
next business day – when leave is not
foreseeable due to lack of knowledge,
change in circumstance, or medical
emergency.
• Must comply with the employer’s usual
notice and procedural requirements
when they request FMLA leave.
• Must provide sufficient information
for the employer to determine whether
FMLA may apply to their request.
• Must comply with the employer’s
call-in procedures unless unusual
circumstances prevent them from
doing so, in which case they need to
call in as soon as practicable.
5. CERTIFICATION
PROCESS
Employers may require that FMLA leave is supported with certification
issued by a health care provider, but they need to provide employees
with at least 15 calendar days to obtain the medical certification.
The following certification forms may be used:
• Certification of Health Care Provider for
Employee's Serious Health Condition
• Certification of Health Care Provider for
Family Member's Serious Health Condition
• Certification of Qualifying Exigency for
Military Family Leave
• Certification for Serious Injury or Illness of a
Veteran for Military Caregiver Leave
If the certification is incomplete or contains
insufficient information, employers need to advise
employees, state in writing what information is
needed to complete the certification, and provide
employees with at least seven (7) calendar days
to complete the certification “unless seven days
is not practicable under particular circumstances
despite the employee’s diligent good faith efforts,”
according to the DOL.
Appropriate representatives at employers (not
including supervisors) can contact a health care
provider to authenticate or clarify the certification
RECERTIFICATION
Employers may require recertification for the leave
based on the following requirements:
Recertification may occur no more often than every
30 days in connection with the absence unless the
condition lasts for more than 30 days. For conditions
that are certified with a minimum duration of more
than 30 days, employers must wait to recertify them
until a specified period has passed.
There are three exceptions. Employers may request
recertification every six months in connection
pertaining to information within the certification
and not any additional information beyond the
form, if needed. However, if a complete and
sufficient certification has been supplied by
an employee, they may not request additional
information.
Additionally, employers, at their own expense and
including reasonable travel expenses, can require
second or third medical opinions pertaining to the
leave if they have reason to doubt the certification’s
validity. There are a few requirements pertaining to
second and third opinions, specifically:
• Employers may choose the health care provider
to provide a second opinion.
• Health care providers which employers use
on a regular basis should not be used for
certifications.
• If the second opinion differs from the first
certification, employers can require a third
certification.
• The third certification is final and is required to
be used by the employer.
with an absence by an employee. Employers can
also request a new certification for each year in
which the medical condition lasts longer than
one year. Additionally, employers may also allow
recertification in less than 30 days if…
• the employee requests an extension of leave
• the circumstances in the previous certification
changed significantly
• the employer receives information that casts
doubt on an employee’s stated reason for absence
or continued validity of the certification
6. JOB RESTORATION
INTERMITTENT LEAVE
Employees who use FMLA must be restored
to their original job or a job with equivalent
pay, benefits, and other terms of conditions of
employment. Employees cannot incur a loss of any
employment benefit as a result of using FMLA. In
addition, employees’ absences cannot be counted
against them.
Employees are allowed to take intermittent FMLA leave
via two options a) separate blocks of time for a single
qualifying reason or b) on a reduced weekly or daily work
schedule when medically necessary.
Employers can have a uniformly applied policy
or practice that requires all employees who take
leave to submit a certification from the employee’s
health care provider which states that they are
able to resume work. An employer may also
require a fitness-for-duty certification to evaluate
whether the employee has the ability to perform
the essential functions of the position. This
certification may be required up to once every 30
days for an employee taking intermittent FMLA
leave if there are reasonable safety concerns
regarding their ability to perform the essential job
functions. Employees may be delayed or denied
job restoration if they do not provide certification.
An employer may deny job restoration to a
“key employee,” who according to the DOL, is a
“salaried, FMLA-eligible employee who is among
the highest paid 10 percent of all employees
employed by the employer.” An employer must
determine if restoring the employee to their job
will result in “substantial and grievous economic
injury” to the operations. There are several other
rules pertaining to this requirement.
Employers have the right to ask employees to make a
reasonable effort to schedule their intermittent leave “so
as to not disrupt the employer’s operations, subject to the
approval of the employee’s health care provider.”
They also have the right to transfer employees to a
temporary alternative job with equivalent pay and benefits
if the other job better accommodates intermittent leave.
MILITARY LEAVE
Finally, FMLA provides that an eligible employee is entitled
to a combined total of 26 workweeks of military caregiver
leave. The eligible employee is entitled to take another 26
workweeks of leave in a different single 12 months period
to care for another service member. In addition to their
military caregiver leave the eligible employee may take
leave for any other FMLA qualifying reason in the same
single 12 month period.
A son or daughter is a covered service member’s biological
child, adopted child, foster child, stepchild, or legal ward.
Additionally, a son or daughter is covered under FMLA
regardless of their age. A parent of a covered service
member is a biological father/mother, adoptive father/
mother, step father/mother, or foster father/mother. This
provision does not include parents “in law.”
7. CALCULATING &
TRACKING LEAVE
FMLA leave can be taken in numerous increments:
whole weeks, single days, hours, and even less
than an hour. Employers are required to allow
employees to use FMLA leave in the smallest
increment of time they allow for other forms
of leave, as long as it is no more than one hour.
Employers may allow FMLA leave in shorter
increments than used for other forms of leave, but
no work can be performed during a period of time
counted as FMLA. In addition, if employers allow
leave to be used in different increments during
specific times of the day, they may use the same
increment of leave at those specific times of the
day.
The DOL lays out specific instructions for
calculating FMLA leave:
“Only the amount of leave actually taken may
be counted against an employee’s FMLA leave
entitlement. Where an employee takes FMLA leave
for less than a full workweek, the amount of FMLA
leave used is determined as a proportion of the
employee’s actual workweek. The amount of FMLA
leave taken is divided by the number of hours
the employee would have worked if the employee
had not taken leave of any kind (including FMLA
leave) to determine the proportion of the FMLA
workweek used. For example, an employee who
normally works 30 hours a week but works only 20
hours in a week because of FMLA leave would use
one-third of a week of FMLA leave. An employer
may convert the FMLA leave usage into hours
so long as it fairly reflects the employee’s actual
workweek.”
Additionally, employers may require or request
that employees use any accrued paid leave such as
PTO, sick time, vacation time, or personal time for
some or all of the FMLA leave.
Finally, employers need to calculate and track
FMLA leave. A 12-month period can be calculated
in one of four ways:
• Calendar year
• Any fixed 12-month leave (fiscal year, year
required by State law or a year starting on the
employee’s anniversary date)
• 12-month period measured forward from the
date any employee’s first FMLA leave begins
• A rolling 12-month period measured backward
from the date an employee uses FMLA leave
8. YOUR RESPONSIBILITIES
AS AN EMPLOYER
As an employer, there are a few basic obligations and responsibilities that your organization must
take to ensure that it is compliant with FMLA:
• Have a complete FMLA policy in your
handbook.
• Post FMLA notice which describes FMLA’s
provisions and make it is accessible to all
employees.
• Follow all notice and communication
requirements.
• Establish a certification and recertification
process.
• Inform employees in writing to whether or
not their leave with be designated as FMLA
protected and the amount of leave counted
against the employee’s leave entitlement.
• Provide instructions for making
arrangements for any payments of health
benefits that the employee must make
during their leave.
• Restore the employee to the same or
equivalent position with benefits.
• Provide notice of who is a “key” employee
and what that could mean.
• Be responsive to the questions that
employees have regarding their FMLA
leave.
• Establish a procedure for tracking employee
FMLA leave.
• Maintain employer provided group health
insurance for the employee.
ADDITIONAL RESOURCES
FMLA Services (Source: ERC Preferred Partner,
CareWorks USA)
FMLA Frequently Asked Questions (Source: DOL)
Family and Medical Leave Act: Overview, Fact
Sheets, Forms & Notices (Source: DOL)
FMLA Advisor (Source: DOL)
Family and Medical Leave Act Poster (Source: DOL)
FMLA Employee Guide (Source: DOL)
FMLA Employee Military Leave Guide (Source: DOL)
Please note that by providing you with research information that may be contained in this article, ERC is not providing a qualified
legal opinion. As such, research information that ERC provides to its members should not be relied upon or considered a substitute
for legal advice. The information that we provide is for general employer use and not necessarily for individual application.
9. FMLA RESOURCES
AVAILABLE TO ERC
MEMBERS
Salary and Benefits Data
New ERC members receive free access to all current ERC compensation and benefits
surveys, including our Policies and Benefits Survey with information on time off policies.
HR Help Desk
ERC members have unlimited access to ERC’s HR Help Desk, a team of HR professionals
that can help answer tough questions about topics like FMLA.
Online HR Tools
Access a full suite of online tools that includes model documents, sample policies, legal
updates and trends and more.
Networking
Ask other ERC members questions and opinions through our connectwERC program, or
join other HR professionals in person for our netwERC groups.
Cost Savings
ERC members have access to a group of over 30 Preferred Partners that offer business
cost savings on HR and business products and services, including outsourced FMLA
administration
Get Started Today!
Contact Tricia Smith, Membership Manager to become an ERC member and get unlimited
access to the resources above. Plus, as a new member you’ll receive FREE access to all ERC
Surveys (including our popular Salary & Wage Surveys)…a value of over $5,000!
Contact Tricia at 440-947-1294 or tsmith@yourERC.com
...or, visit our website to take a Membership Tour.