The Essential Guide to Family and Medical Leave » (Paperback with CD-ROM)

Lisa Guerin is an editor at Nolo specializing in employment law. She is the author or co-author of several Nolo books, including The Manager's Legal Handbook, Dealing with Problem Employees, Federal Employment Laws, Workplace Investigations, Create Your Own Employee Handbook, and Nolo's Guide to California Law. Lisa has practiced employment law in government, public interest, and private practice, where she represented clients at all levels of state and federal courts and in agency proceedings. She is a graduate of Boalt Hall School of Law at the University of California at Berkeley.

Deborah England is a litigator with 20 years employment law experience. She has published numerous articles and essays on employment and civil rights law, and frequently speaks on these topics before legal and HR professional organizations. England makes her home in the San Francisco Bay Area.

Get all the tools you need to manage FMLA leave with this indispensable guide to respecting employees' rights and protecting your business' interests.

The Essential Guide to Family & Medical Leave also includes a CD-ROM packed with checklists, forms and worksheets, as well as audio dialogues that show how to communicate effectively with employees who need to take leave.

Let the practical strategies in The Essential Guide to Family & Medical Leave help you meet your legal obligations to employees, while also meeting your company's needs. The 2nd edition has been revised to cover extensive changes in the law, including available leave for family members of those serving in the military and changes in FMLA regulations. Plus, you'll get the latest information about family and medical leave laws in your state.

Los Angeles Times

"Nolo is a pioneer in both consumer and self-help books and software."

1. An Overview of Family and Medical Leave
What the FMLA Requires
Your Obligations as a Manager
How Other Laws and Company Policies Come Into Play
How to Use This Book

2. Is Your Company Covered by the FMLA?
Calculating the Size of Your Company
Joint Employers and the FMLA
If Your Company Is Covered
Common Mistakes Regarding Employer Coverage -- And How to Avoid Them

3. Is the Employee Covered by the FMLA?
Employee Eligibility, Step by Step
Keeping Track of Employees' Work Hours
Common Mistakes Regarding Employee Coverage -- And How to Avoid Them

4. Leave for a Serious Health Condition
Your Role in Identifying a Serious Health Condition
What Is a Serious Health Condition?
Leave for Employee's Own Serious Health Condition
Leave for a Family Member's Serious Health Condition
Common Mistakes Regarding Serious Health Conditions -- And How to Avoid Them

5. Leave for a New Child
Leave for Birth
Common Mistakes Regarding Leave for a New Child -- And How to Avoid Them

6. How Much Leave Can an Employee Take?
Counting the 12
Counting Time Off as FMLA Leave
Intermittent and Reduced-Schedule Leave
Common Mistakes Regarding Leave Duration -- And How to Avoid Them

7. Giving Notice and Designating Leave
Designating Time Off as FMLA Leave
Individual Notification Requirements
Employee Notice Requirements
Common Mistakes Regarding Giving Notice and Designating Leave -- And How to Avoid Them

8. Medical Certifications (Proof of Illness)
What Is a Medical Certification?
Why You Should Always Request a Certification
Procedures and Deadlines for MedicalCertifications
After You Receive the Certification
Recertifications
Common Mistakes Regarding Medical Certifications -- And How to Avoid Them

9. Managing an Employee's Leave
Scheduling Leave
Covering an Employee's Duties During Leave
Continuing Employee Benefits During Leave
Managing Intermittent Leave
Requesting Status Reports
Disciplining or Firing an Employee During Leave
Common Mistakes Regarding Managing Leave -- And How to Avoid Them

10. Reinstatement
The Basic Reinstatement Right
Fitness-for-Duty Certifications
Restoring Pay and Benefits
When Reinstatement Might Not Be Required
When Employees Don't Return From Leave
Common Mistakes Regarding Reinstatement -- And How to Avoid Them

11. How Other Laws Affect FMLA Leave
Federal Laws
State Laws
Common Mistakes Regarding Other Laws and Benefits -- And How to Avoid Them

12. Record Keeping Requirements
Why You Should Keep Records
Keeping Track of Company Workforce FMLA Data
Individual Employee Records
Medical Records
Review by the Department of Labor (DOL)
Now You're Ready!
Common Mistakes Regarding Record Keeping -- And How to Avoid Them

G. Glossary

A. Appendix A: State Laws and Departments of Labor
State Laws
State Departments of Labor

B. Appendix B: Company Policies Regarding FMLA Leave
How Your FMLA Policy Affects Company Obligations

C. Appendix C: Forms and Checklists
Forms
Family and Medical Leave Act Poster (English)
Family and Medical Leave Act Poster (Spanish)
Form Regarding FMLA Leave to Care for a Family Member
FMLA Hours Worked
FMLA Leave Tracking for [Employee Name]
Calculating Intermittent/Reduced Schedule Leave
FMLA Designation (Preliminary)
FMLA Designation (Final)
Employer Response to Employee Request for Family or Medical Leave (WH-381)
Certification of Healthcare Provider (WH-380)
Notice to Key Employee of Substantial and Grievous Economic Injury
Request for Medical Certification
Notice of Termination of Group Health Coverage

Checklists
Does the FMLA Apply to My Company?
Is the Employee Eligible for FMLA Leave?
Leave for New Child
Duration of Leave
Giving Notice and Designating Leave
Medical Certifications
Managing FMLA Leave
Reinstating an Employee
If an Employee Doesn't Return From Leave
Record Keeping

D. Appendix D: How to Use the CD-ROM
Installing the Form Files Onto Your Computer
Using the Word Processing Files to Create Documents
Using Government Forms
Using the Financial Planning Spreadsheets
Listening to the Audio Files
List of Forms Included on the Forms CD-ROM

Index