ISBN: 978-1-934651-99-5; 1-934651-99-0
Availability: IN-STOCK (released 04/06/15)
Samples: Table of Contents ------- Text Sample
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The FMLA Guide provides comprehensive reporting and analysis of the statutes, regulations, and case law governing the Family & Medical Leave Act. How to coordinate FMLA leave rights with other legal rights and responsibilities of employees and employers is covered. Chapters are broken down by major topics, and topics are broken down according to their applicability under Title I, Title II, and Title V of the FMLA, the Congressional Accountability Act of 1995 (CAA), and the Presidential and Executive Office Accountability Act of 1996 (PEOAA). Best practice tips are also included. Employee and agency representatives and those involved with FMLA administration or enforcement use the FMLA Guide stay up to date with FMLA developments.
New in 2015
The Third Edition of the FMLA Guide discusses the many statutory and regulatory changes to the four major federal sector versions of FMLA, including:
- Statutory and regulatory changes to the FMLA that implement the 2009 and 2010 military leave amendments to the FMLA.
- The Supreme Court's decision in United States v. Windsor expanding the availability of FMLA leave to same-sex spouses by striking down a key provision of the Defense of Marriage Act.
- Revisions to FMLA leave employer notice and certification forms.
- FMLA compliance guidance issued by the Office of Personnel Management and the Department of Labor.
- Recent case law on critical FMLA issues, including employee notice, intermittent FMLA leave management, what constitutes a serious health condition, what it means to "care for" a covered family member, medical and fitness-for-duty certifications, paid leave substitution, return to work rights, and the interplay of the FMLA with employer policies and other law.
Major topics include:
- Overview of the FMLA—an introduction to the FMLA variants and how to determine which applies
- The Purposes and Legislative History of the FMLA
- FMLA Coverage of the Federal Government—who is a covered employer
- Federal Employees Covered by the FMLA—definitions and specific categories of employees and those excluded from coverage
- Employee Eligibility for Leave—how to calculate 12 months of employment and determining 1,250 hours of service
- Covered Family Members—spouses, sons and daughters, parents, and individuals who are not covered by the FMLA and confirmation of the familial relationship
- Covered Conditions—birth, adoption or foster care placement, and "serious health conditions"
- Notice Requirements—employer and employee notice obligations
- Documentation Requirements—medical certifications and re-certifications
- Leave Amount and Scheduling—explanation of the 12 month FMLA leave year, how to calculate 12 workweeks of FMLA leave, and leave scheduling
- Substitution of Leave—paid leave, overtime, workers' compensation, temporary disabilities, and more
- Maintenance of Benefits—retention of accrued employment benefits, maintenance of health benefits while on leave, payment of health benefit premiums, and employer recovery of costs
- Return to Work from Leave—employees' rights upon their return to work, employees' perfection of their right to return to work, and limitations on the employers' obligation to reinstate an employee
- Record-Keeping Requirements
- Prohibited Acts, Enforcement, and Remedies
- Interaction of the FMLA with Other Federal Laws, Employer Practices, and Collective Bargaining Agreements—discussion of the Rehabilitation Act, Pregnancy Discrimination Act, and workers' compensation
- WH Publication 1420: Employee Rights and Responsibilities Under the Family and Medical Leave Act of 1993
- WH-380-E: Certification of Health Care Provider for Employee's Serious Health Condition
- WH-380-F: Certification of Health Care Provider for Family Member's Serious Health Condition
- WH-381: Notice of Eligibility and Rights & Responsibilities
- WH-382: Designation Notice
- WH-384: Certification of Qualifying Exigency for Military Family Leave
- WH-385: Certification of Serious Injury or Illness of Covered Servicemember—For Military Family Leave
- WH-385V: Certification of Serious Injury or Illness of a Veteran for Military Caregiver Leave
- DOL USERRA-FMLA July 22, 2002 Memorandum
- DOL USERRA-FMLA Questions and Answers
- DOL Administrator's Interpretation No. 2010-3: Clarification of the definition of "son or daughter" under Section 101(12) of the FMLA as it applies to an employee standing "in loco parentis" to a child
- DOL Fact Sheets related to FMLA
Appx. 700 pages/2015