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FMLA Procedures Manual & E-Alerts

Online Course: ID# 1000027

Agenda

FMLA Basics

  • What Is The FMLA?
  • Why FMLA Was Enacted
  • The FMLA Statute
  • The FMLA Regulations
  • Employers Subject To FMLA: Private Employers
  • Employers Subject To FMLA: Public Agencies
  • Employers Subject To FMLA: Integrated Employers
  • Employers Subject To FMLA: Joint Employers
  • Worksite Rules
  • Employee Eligibility Criteria: Three Requirements
  • Employee Eligibility Criteria: Rules Relating To The 1,250-Hour Requirement
  • Employee Eligibility Criteria: Leaves Commencing Before All Eligibility Requirements Are Met
  • State Leave Laws: General Guidelines
  • State Leave Laws: States With Leave Laws
  • State Leave Laws: How To Determine What Applies
  • State Leave Laws: Timing Issues

Types Of Leave

  • Family Leave
  • When Family Leave Can Be Taken
  • Medical Leave
  • Family Members For Whom An Employee Can Take Medical Leave
  • Documentation For Family Members
  • “Caring For” A Family Member
  • Serious Health Condition: Overview
  • Serious Health Condition: Hospital Care
  • Serious Health Condition: “Absence Plus Treatment” Overview
  • Serious Health Condition: “Absence Plus Treatment” - Absence
  • Serious Health Condition: “Absence Plus Treatment” - Treatment
  • Serious Health Condition: “Absence Plus Treatment” - Examples
  • Serious Health Condition: “Pregnancy”
  • Serious Health Condition: “Chronic Conditions Requiring Treatments”
  • Serious Health Condition: “Permanent/Long-Term Conditions Requiring Supervision”
  • Serious Health Condition: “Multiple Treatments (Non-Chronic Conditions)”
  • Serious Health Condition: Short-Term Illnesses
  • Serious Health Condition: Health Conditions Generally Not Considered Serious
  • Serious Health Condition: Substance Abuse
  • Serious Health Condition: Health Care Provider
  • Serious Health Condition: Chiropractors

Leave Requirements

  • Leave Year Issues: Overview
  • Leave Year Options: Calendar Year
  • Leave Year Options: Fixed Year
  • Leave Year Options: Measured Forward
  • Leave Year Options: Rolling-Backward
  • Other Leave Year Issues
  • Leave Year Issues: Spouses Working for the Same Employer
  • Coordination With Employer Leave Policy: Overview
  • Coordination With Employer Leave Policy: Vacation, PTO & “No-Fault” Paid Time
  • Coordination With Employer Leave Policy: Sick Leave
  • Coordination With Employer Leave Policy: Workers’ Compensation & Disability Leave
  • Coordination With Employer Leave Policy: Notice
  • Coordination With Employer Leave Policy: Miscellaneous Issues
  • Intermittent/Reduced Schedule Leave: Overview
  • Intermittent/Reduced Schedule Leave: Family Leave
  • Intermittent/Reduced Schedule Leave: Medical Leave
  • Intermittent/Reduced Schedule Leave: Increments of Time
  • Intermittent/Reduced Schedule Leave: Determining Total Available Time
  • Intermittent/Reduced Schedule Leave: Exempt Employees’ Pay
  • Intermittent/Reduced Schedule Leave: Alternative Position

Administrative And Notice Requirements

  • Posted Notice
  • Notice Requirements: Overview
  • General Notice
  • Specific Notice: Overview
  • Specific Notice: Timing and Mailing
  • Specific Notice: Content
  • Specific Notice: Other Requirements
  • Designation Of Leave: Responsibilities
  • Designation Of Leave: Process
  • Designation Of Leave: Retroactive Designation
  • Designation Of Leave: Preliminary Designation
  • Medical Certification: Employer’s Request For Medical Certification
  • Medical Certification: Timeframes For Return Of Medical Certification
  • Medical Certification: Consequences Of Failure To Return The Medical Certification
  • Medical Certification: Content
  • Medical Certification: Handling Of Completed Medical Certifications
  • Medical Certification: Inadequacy Of Certification
  • Medical Certification: Second And Third Opinions
  • Medical Certification: General Rules For Recertification
  • Medical Certification: “Exception” Rules For Recertifications
  • Employee Responsibilities: Notice For Leave - General Requirements
  • Employee Responsibilities: Notice For Leave - “Forseeable” Leaves
  • Employee Responsibilities: Notice For Leave - “Unforseeable” Leaves
  • Employee Responsibilities: Notice For Leave - Employer Recourse
  • Employee Responsibilities: Intent To Return
  • Employee Responsibilities: Fitness For Duty

Employment And Benefit Protection

  • Benefit Maintenance: Maintenance Of Health Benefits - Basic Rules
  • Benefit Maintenance: Paying For Health Benefits
  • Benefit Maintenance: Cancellation Of Benefits
  • Benefit Maintenance: Benefit Issues After FMLA Leave
  • Restoration To Position: Equivalent Position
  • Restoration To Position: Equivalent Pay
  • Restoration To Position: Equivalent Benefits
  • Restoration To Position: Equivalent Terms And Conditions Of Employment
  • Restoration To Position: Layoffs
  • Restoration To Position: Fraud
  • Restoration To Position: “Moonlighting”
  • Restoration To Position: Other Considerations
  • Restoration To Position: Basic Rules For Key Employees
  • Restoration To Position: Key Employees - Sequence For Restoration Denial
  • Restoration To Position: The “Light Duty” Rule

Rules For Schools

  • School Personnel To Whom Special Rules Apply
  • 20% Rule For Intermittent/Reduced Schedule Leave
  • Leave At End Of Academic Term

Enforcement

  • Private Rights Of Action
  • Employer Liability

Sample & Model Notices

  • Additional Resources
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