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Table Of Contents - FMLA Training & Certification Program

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
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