Publisher Description:
The Family and Medical Leave Guide is intended to answer those complex issues that arise as leave is being administered day-by-day. The Guide provides a clear understanding of how the FMLA works and how you can be compliant. Failure to comply with FMLA rules and requirements can have powerfully negative consequences, including costly fines, penalties, investigations, litigation, and even individual liability for corporate officers. Family and Medical Leave Guide provides an easy-to-understand, concise explanation of the FMLA, including which situations it covers, how it relates to other workplace laws, and how organizations can comply. Specifically, the Family and Medical Leave Guide contains discussions of the following topics: - The New FMLA Regulations
- Covered employers
- Eligible employees
- Leave situations
- Serious health conditions
- Employer/employee notification obligations
- Certification requirements
- Who is a health care provider
- Intermittent and reduced schedule leaves
- Recordkeeping requirements
- Designation of leave
- FMLA's relationship to other laws and employer policies
- Prohibited practices
- Enforcement and remedies
Family and Medical Leave Guide also includes: - Easy-to-understand, non-technical explanations and analysis
- Forms, documents and posters
- Dozens of example scenarios and real-life cases that help to clarify complicated rules and requirements
- And more
Family and Medical Leave Guide includes important updates and improvements, including: - Equal Employment Opportunity Commission regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 provide andquot;safe harborandquot; language with regard to medical certification for FMLA leave requests
- Practice Aid: Will Employers Soon Use GPS to Catch FMLA Abuse?
- The U.S. Supreme Court has agreed to consider whether states can be sued for violations of the FMLA's andquot;self-careandquot; provision
- The Second Circuit held an employee's right to provide notice through a spokesperson if the employee is unable to provide notice personally trumps an employer's right to require compliance with a policy mandating notice be given to a specific individual
- The Fourth Circuit became the tenth Court of Appeals to hold that a state cannot be sued under the FMLA's self-care provision because Congress did not validly abrogate the state's Eleventh Amendment sovereign immunity
- The Seventh Circuit held that an employee's email comment that he would rather not take FMLA leave left open the possibility that he might want to take FMLA leave after all; thus, the email was not an unequivocal waiver of his right to take FMLA leave
- The Eighth Circuit embraced an FMLA-estoppel theory, but ruled that the theory cannot succeed unless the employee first triggers the statute's protection by providing the employer with notice that she may require FMLA leave
- The Ninth Circuit held that although an employee was continuously employed at a single retail store location, a change in the store's ownership restarted the FMLA's 12-months-of-employment eligibility requirement
- The Eleventh Circuit held that an employee's filing of a complaint with the Labor Department does not preclude a civil action.
- A federal district court in Ohio ruled that an employee could pursue in court an action for liquidated damages after an arbitrator had awarded him lost wages and benefits in grievance arbitration on his claim that his termination violated a collective bargaining agreement's andquot;just causeandquot; requirement
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