| I. |
COVERAGE : Return
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| 1. |
50 Employees Or More Within 75 Miles of
Worksite. |
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| II. |
COVERED
EMPLOYEES :
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| 1. |
Worked For Twelve (12) Months And 1,250 Hours
In Last Twelve (12) Months (10% Key Employees
Exemption for Reinstatement If Extreme Hardship). |
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| III. |
PROVIDES
12 WEEKS OF LEAVE : Return
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| 1. |
Birth or Adoption of Child (Not Intermittent
Or Reduced Leave); |
| 2. |
Care of Sick Immediate Family Member; |
| 3. |
Care of Employee's Own Sickness. |
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| IV. |
COVERED
SERIOUS HEALTH CONDITION : Return
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| 1. |
Inpatient Hospitalization; |
| 2. |
More Than Three Consecutive Days of
Incapacitation and Treatment; |
| 3. |
Chronic Condition - e.g., Asthma, Diabetes. |
| 4. |
Multiple Treatments - e.g., Cancers, Bad
Back; |
| 5. |
Pregnancy; |
| 6. |
Can Require a DOL Certification of Health
Care Provider Form. |
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| V. |
MINIMUM
EMPLOYER REQUIREMENT : Return
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| 1. |
Post Notice, Including In Employee
Predominant Language; |
| 2. |
Provide DOL Fact Sheet In Employee Handbook
Or With Leave Policies, And To Any Employee Who
Requests Leave; |
| 3. |
Provide Form, Employer Response to Employee's
Request for Leave, To Employees Requesting Leave,
Including In Employee's Language and Every Six
Months; |
| 4. |
Cannot Restrict Use of Vacation Or Personal
Paid Leave During FMLA Leave; |
| 5. |
Recordkeeping; |
| 6. |
Nondiscrimination; |
| 7. |
Comply With State Leave Laws. |
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| VI. |
EMPLOYER
EFFORTS TO MINIMIZE FMLA LEAVE : Return
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| 1. |
Require Employees To Use Sick Leave And
Vacation Concurrent With FMLA Leave; |
| 2. |
Reduced Paid Sick Leave; |
| 3. |
Employer Must Designate Leave As FMLA As Soon
As The Employer Knows The Leave Qualifies As FMLA
Leave, And No Later Than Two (2) Business Days
Upon Return Of Employee To Work (Unless Waiting
for Medical Certification); |
| 4. |
Employee Can Designate Leave As FMLA, But
Only Within Two (2) Business Days Of Returning To
Work (Keep In Mind For Attendance Discipline); |
| 5. |
Require Medical Certification Under Sick
Leave Policy So It Can Be Required Under FMLA; |
| 6. |
Use A Rolling Twelve (12) Month Designation,
Looking Backward; |
| 7. |
Modify Benefit Plans And Renegotiate
Contracts With Insurers And HMO's/PPO's So As To
Minimize Costs During FMLA Leave, And Assure
Coverage After FMLA Leave Lapse. Consider
Eliminating Health Benefits While On Workers'
Compensation After 12 Weeks. Provide For
Retroactive Cancellation Of Benefits Based On
Nonpayment; |
| 8. |
Do Not Allow Employees To Work For Other
Employers While On Any Leave (Except Military
Reserve Duty); |
| 9. |
Increase Employees' Co-Payment Of Health
Insurance Premium And Co-Payment For Medical
Bills; |
| 10. |
Reduce Non-Medical Benefits For Part Time
Employee And Other Leaves e.g., Vacation And Sick
Leave. |
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