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Availability: IN-STOCK (released 9/29/2020)
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Format: PDF ebook download with optional CD/USB backups or softcover book, or click here for the softcover only
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 developments that are discussed include:
- 2020 statutory and regulatory amendments affording some federal employees the right to paid FMLA leave and Emergency Paid Sick Leave for reasons related to the COVID-19 pandemic
- the 2020 National Defense Authorization Act amendments to the FMLA extending to some federal employees up to 12 weeks of paid parental leave in connection with the birth, adoption, or foster care placement of a child
- regulatory changes covering a wide variety of FMLA issues, including employer coverage, critical definitions of covered family members, maintenance of benefits, increased fines, and FMLA enforcement procedures
- issuance of updated FMLA posters, employer notice, and certification forms
- resumption by the DOL of the issuance of guidance, including opinion letters addressing the FMLA and no-fault attendance policies, coverage for organ donation, and designation of FMLA leave issues
- decisions by circuit and district courts, the MSPB, and other administrative agencies interpreting the FMLA in the federal sector
- a new comprehensive glossary of terms and table of cases
The FMLA Guide discusses the many statutory and regulatory changes to the four major federal sector versions of FMLA. Of special note is an entirely new chapter devoted to leave related to the COVID-19 pandemic.
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
- COVID-19, Families First Coronavirus Response Act, Emergency Paid Sick Leave Act, Emergency Family and Medical Leave Expansion Act
- Appendix — This newly updated appendix consists of 55 forms, fact sheets, guidance, memorandums, questions and answers, advisory opinions, posters, FAQs, new releases, and webinar slides from DOL/WHD, OPM, NLRB, and EEOC. Refer to the Table of Contents link above for a detailed list.
Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM or USB Flash Drive or download.