Description
The FMLA represents the first federal law that guarantees employees the right to take leaves to care for newborn children, adopted children, and seriously ill family members. It also allows employees to take leaves needed due to their own serious health conditions. The law usually requires employers to maintain health insurance benefits in effect, continue life and disability insurance, allow the use of vacation and sick leave benefits, and comply with numerous other rules. These rules regulate employee handbooks, written notice, record-keeping, and posting requirements. It also establishes serious sanctions and penalties that can be imposed against employers who do not comply. In this publication, Attorney Richard J. Simmons of Sheppard, Mullin, Richter & Hampton LLP, provides employers a guide through the complicated web of rules created by the law.
Among the numerous topics addressed are the following:
- Regulations And Changes
- Employee Eligibility Standards
- Insurance Obligations
- Sick Leave And Vacation Benefits
- 12-Month Standard
- Exemptions
- Intermittent And Reduced Leaves
- Maximum Leave Rules
- Employer Notification Rules
- Record-Keeping Rules
- Relationship With Workers’ Comp Laws
- Impact On State Laws
- Sample Personnel Policies And Forms
- Employer Obligations
- Types Of Leaves Allowed
- Employee Notices
- Military Family Leaves
- Minimum Service Rules
- Reinstatement Rights
- Key Employee Exception
- Benefit Issues
- Medical Certification Rules
- Enforcement Rules
- Handbook Statements
- Sample Poster
- Sample Doctor Certification
Table Of Contents
SECTION 1 INTRODUCTION
1.1 Overview Of The Federal Family And Medical Leave Act
1.2 Employer Compliance
1.3 Department Of Labor Regulations
1.4 Scope Of Publication
SECTION 2 COVERAGE OF THE LAWS
2.1 Employer Coverage Rules
2.2 Effective Dates
2.3 Eligible Employees
SECTION 3 FAMILY AND MEDICAL LEAVE REQUIREMENTS
3.1 Reasons For Leaves
3.2 The 12-Month Computation Period
3.3 Special Rules For Births And Adoptions
3.4 FMLA Rules For Military Family Leaves
3.5 Special Rules For Computing Military Caregiver Leaves
3.6 Intermittent And Reduced Leaves
3.7 Effect Of Unpaid Leaves On Exempt Status Under The FLSA
3.8 Limitations Where Both Spouses Are Employed By The Same Employer
3.9 Reemployment Rules
3.10 Definitions Of Key Terms
SECTION 4 BENEFIT ISSUES
4.1 Use Of Paid Leave Benefits During Leaves
4.2 Other Employment Benefits
SECTION 5 EMPLOYEE NOTIFICATION RESPONSIBILITIES
5.1 Employee Notice Requirements
5.2 Employee’s Failure To Provide Notice
5.3 Medical Certification Requirements
5.4 Reinstatement From Medical Leaves
5.5 Periodic Status Reports From Employees On Leave
5.6 Certification That An Employee Is Unable To Return To Work
5.7 Certification For Leave Taken Because Of A Qualifying Exigency
5.8 Certification For Military Caregiver Leave
5.9 Employer Notification Rules
SECTION 6 POSTING, NOTIFICATION, AND RECORD-KEEPING RULES
6.1 General Obligations
6.2 Employer Notification Obligations
6.3 Posting Requirements
6.4 Handbook And New-Hire Statements
6.5 The Employee “Eligibility Notice”
6.6 The Employee “Rights And Responsibilities Notice”
6.7 The FMLA Leave “Designation Notice”
6.8 Designation Of Leave
6.9 Consequences Of Noncompliance
6.10 Substitution Of Paid Leaves
6.11 Additional Notice Rules
6.12 Record-Keeping Rules
SECTION 7 SPECIAL RULES FOR EDUCATIONAL INSTITUTIONS
7.1 Educational Agencies And Schools
7.2 Intermittent Leaves For Teachers
7.3 Leaves Requested Near The End Of An Academic Terms
SECTION 8 UNLAWFUL PRACTICES, ENFORCEMENT, AND REMEDIES
8.1 Prohibition Of Unlawful Employment Practices And Retaliation
8.2 Enforcement And Investigatory Authority
8.3 Civil Actions By Employees Under The FMLA
8.4 Statute Of Limitations
SECTION 9 PREEMPTION
9.1 Effect On Other Laws
9.2 Collective Bargaining Agreements And Benefit Programs
9.3 State Laws, Agreements, Benefit Programs, And Waivers
9.4 Encouragement Of More Generous Leave Policies
9.5 Interrelationship With ADA, Workers’ Compensation, And Other Laws
SECTION 10 CONCLUSION
APPENDIX A CERTIFICATION OF HEALTH CARE PROVIDER FOR EMPLOYEE’S SEROUS HEALTH CONDITION (U.S. DEPARTMENT OF LABOR FORM WH-380-E)
APPENDIX B CERTIFICATION OF HEALTH CARE PROVIDER FOR FAMILY MEMBER’S SEROUS HEALTH CONDITION (U.S. DEPARTMENT OF LABOR FORM WH-380-F)
APPENDIX C NOTICE TO EMPLOYEES OF RIGHTS UNDER FMLA — EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT (U.S. DEPARTMENT OF LABOR PUBLICATION 1420)
APPENDIX D NOTICE OF ELIGIBILITY AND RIGHTS & RESPONSIBILITIES (U.S. DEPARTMENT OF LABOR FORM WH-381)
APPENDIX E DESIGNATION NOTICE (U.S. DEPARTMENT OF LABOR FORM WH-382)
APPENDIX F CERTIFICATION OF QUALIFYING EXIGENCY FOR MILITARY FAMILY LEAVE (U.S. DEPARTMENT OF LABOR FORM WH-384)
APPENDIX G CERTIFICATION FOR SERIOUS INJURY OR ILLNESS OF COVERED SERVICEMEMBER FOR MILITARY FAMILY LEAVE (U.S. DEPARTMENT OF LABOR FORM WH-385)
APPENDIX H LEAVE OF ABSENCE CHECKLIST
APPENDIX I CHECKLIST FOR FMLA LEAVE OF ABSENCE POLICIES
APPENDIX J SAMPLE FAMILY AND MEDICAL LEAVE POLICIES
APPENDIX K SAMPLE LEAVE OF ABSENCE REQUEST FORM
APPENDIX L CASE TABLE
About The Author
Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.
Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.
