FMLA Training & Certification Program

Online Course: ID# 1000003

Agenda

Purpose Of The Family and Medical Leave Act Of 1993 (FMLA)

• What Is The Family And Medical Leave Act Of 1993?
• Why Was The FMLA Enacted?

Legislative Background

• The Family & Medical Leave Act Of 1993 (FMLA) – The Statute
• The FMLA Regulations

Employers Subject To The FMLA

• Private Employers
• Public Agencies
• Worksite Rules
• Integrated Employers
• Joint Employers

Employee Eligibility Criteria

• Three Requirements
• Rules Relating To The 1,250-Hour Criteria
• Special Rule For Airline Flight Crews Covered By FMLA
• Leaves Commencing Before All Eligibility Requirements Are Met

State Leave Laws

• General Guidelines
• State Leave Laws
• How To Determine What Applies
• An Issue Of Timing – Which Leave Event Comes First?

Family Leave

• What Is Family Leave?
• When Family Leave Can Be Taken
• Family Leave For Exigent Circumstances
• Family Leave For Exigent Circumstances

Medical Leave

• Medical Leave
• Family Members For Whom An Employee Can Take Medical Leave
• Documentation Of Family Relationship
• Caring For A Family Member

Serious Health Condition

• Overview
• Inpatient Care
• Incapacity and Treatment
• Absence Plus Treatment – The Absence
• Absence Plus Treatment – The Treatment
• Absence Plus Treatment – Examples
• Pregnancy and Prenatal Care
• Permanent Or Long-Term Conditions
• “Non-Chronic Conditions Requiring Multiple Treatments”
• "Multiple Treatments (Non-Chronic Conditions)" Part II
• Short-term Illnesses, Part I
• Short-Term Illnesses, Part II
• Health Conditions Generally Not Considered Serious
• Substance Abuse
• Military Family Leave Protection
• Health Care Provider
• Chiropractors

Serious Injury or Illness

• Serious Injury Or Illness of A Covered Service Member Or Former Service Member

Leave Year Issues

• Overview
• Leave Year Options – Calendar Year
• Leave Year Options – Fixed Year
• Leave Year Options – Measured Forward
• Leave Year Options - Rolling Backward
• Spouses Working For The Same Employer
• Coordinating 12 Weeks With 26 Weeks
• Other Issues

Coordination With Available Paid Time

• Overview
• Vacation, PTO & “No-Fault” Paid Time
• Sick Leave, Medical Leave, etc.
• Compensatory Time
• Workers’ Compensation & Disability Leave
• Notice

Intermittent/Reduced Schedule Leave

• Overview
• Family Leave & Exigent Circumstances
• Exigent Circumstances
• Medical Leave
• Increments Of Time
• Determining Total Available Time
• Exempt Employees’ Pay
• Alternative Position

Notices

• Notice Requirements Overview
• Posted Notice
• General Notice, Part I
• Eligibility Notice
• Rights and Responsibilities Notice Overview
• Rights And Responsibilities Notice – Timing And Mailing
• Rights and Responsibilities Notice – Content
• Other Requirements
• Designation Notice

Designation Of Leave

• Responsibilities
• Process & Disputes
• Retroactive Designation

Medical Certification

• Employer’s Request For Medical Certification
• Employer’s Request For Medical Certifications: Serious Health Condition
• Employer’s Request For Medical Certifications: Serious Injury or Illness
• Employer’s Request for Qualifying Exigency Certification
• Timeframes For Return Of Certification
• Consequences Of Failure To Return Certification
• Content
• Content: Servicemember’s or Former Servicemember’s Serious Injury or Illness
• Content: Qualifying Exigency
• Handling Of Completed Medical Certifications
• Inadequacy Of Certification
• Second And Third Opinions
• Recertifications – General Rules
• Recertifications – “Exception” Rules

Employee Responsibilities

• Notice For Leave – General Requirements
• Notice For Leave - Foreseeable Leaves
• Notice For Leave –
• Notice For Leave – Employer Recourse
• Intent To Return
• Fitness For Duty

Benefit Maintenance

• Maintenance Of Health Benefits – Basic Rules
• Paying For Health Benefits
• Cancellation Of Benefits
• Benefit Issues After FMLA Leave

Right to Reinstatement

• Equivalent Position
• Equivalent Pay
• Equivalent Benefits
• Equivalent Terms And Conditions Of Employment
• Layoffs
• Fraud
• Moonlighting
• Other Considerations
• Key Employees – Basic Rules
• Key Employees – Sequence For Restoration Denial
• The “Light Duty” Rule

USERRA

• Introduction
• Protected Individuals
• Exceptions To The Five-Year Limit
• Employee Notice Of Service
• Nondiscrimination
• Reemployment Rights
• Time Limits For Reporting Back To Work
• Re-employment Not Required
• Failure To Timely Report
• Required Documentation
• Job Reinstatement Criteria
• Disability Related To Service
• Undue Hardship
• Employee Discharge
• USERRA And FMLA
• Health Coverage
• Interaction With COBRA
• Election Notice
• Health Coverage Premiums
• USERRA Does Not Extend Beyond 24 Months Of Continuation Coverage

Enforcement of FMLA

• Private Rights Of Action
• Employer Liability

Special Rules for Schools

• School Personnel To Whom Special Rules Apply
• 20% Rule For Intermittent/Reduced Schedule Leave
• Leave At End Of Academic Term