FMLA Leave Toolkit

Introduction

The U.S. Department of Labor’s Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act (FMLA) for all private, state and local government employee and some federal employees. Most federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress.

The FMLA became effective on August 5, 1993 for most employers and entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. Amendments to the FMLA by the National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181, expanded the FMLA to allow eligible employees to take up to 12 weeks of job-protected leave in the applicable 12-month period for any “qualifying exigency” arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. The NDAA also amended the FMLA to allow eligible employees to take up to 26 weeks of job-protected leave in a “single 12-month period” to care for a covered servicemember with a serious injury or illness.

Legal Reports

Supreme Court Issues “No Harm, No Foul” Ruling in Landmark FMLA Case

Updating Your FMLA Policy and Procedures

California Becomes First State to Offer Paid Family Leave

The Family and Medical Leave Act: 10 Years Later

SHRM Court Report articles

4th Cir.: Reinstatement of Job Under FMLA Is Not Absolute

The 4th Circuit joined most other federal appellate courts to hold that an employee is not entitled to reinstatement with a company at the conclusion of Family and Medical Leave Act (FMLA) leave when his job was eliminated due to a company restructuring.

7th Cir.: Honest Suspicion of FMLA Abuse Justifies Discharge

An employer did not violate the FMLA by terminating an employee on leave based on an “honest suspicion” that his absence was not actually covered by the law.

Workplace Law Focus Area Articles

Cafeteria Plan Payments Must Continue During FMLA Leave

Illicit Internet use should be investigated and stopped; FMLA retaliation claim results in mixed-motive analysis; more.

White Papers

Disability Management Strategies for the New Century

Pregnant in California: Which Family Leave Laws Apply?

Creating a Medical Leave Assistance Program

Articles

Make room for daddy: Paternity leave is low cost and good for morale, even if few employees use it (HR Magazine)

Forms

Family and Medical Leave Act (FMLA) Checklist

FMLA Certification for Serious Injury or Illness of Covered Servicemember – for Military

FMLA Certification of Health Care Provider (Form WH-380)

FMLA Certification of Health Care Provider for Employee’s Serious Health Condition (WH-380-E)

FMLA Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F)

FMLA Certification of Qualifying Exigency For Military

FMLA Designation Notice (Form WH-382)

FMLA Key Employee Notification

FMLA Leave Exhausted: Letter to Employee

FMLA Letter – Advance Notice

FMLA Letter – No Advance Notice

FMLA Notice and Designation Form  

FMLA Notice of Eligibility and Rights & Responsibilities (Form WH-381)

FMLA Questionnaire

FMLA Recertification Letter

Policy

Family and Medical Leave

Family and Medical Leave Act (FMLA) Policy Revised 01-16-2009

Government Resource

U.S. Department of Labor: FMLA

Publications

Available from SHRM Store

Taking Family and Medical Leave

FMLA

Understanding FMLA

Issues in Employee Leave

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