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