Edited by Steven R. Anderson, Mary M. Krakow & Penelope J. Phillips
Designed, written and edited by a team of experienced employment attorneys, the new 2nd edition of the FMLA Handbook is a comprehensive, “how to” guide. This new edition features three new chapters, including Joint Employer and Independent Contractor Issues, Intermittent FMLA Leave, and Leave as a Reasonable Accommodation Under the ADA. It is sure to be a constant help to you in navigating the often complex issues surrounding employee leaves under the FMLA. We are confident this book will prove extremely valuable for anyone whose practice requires FMLA knowledge.
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CHAPTER 1
Overview of the Family and Medical Leave Act
Introduction; The FMLA’s Framework
– Robert C. Boisvert, Jr.
CHAPTER 2
Employer Coverage and Employee Eligibility
Employer Coverage; Employee Eligibility
– Mary M. Krakow
CHAPTER 3
Posting, Recordkeeping and Other Administrative Requirements for Employers
General Notice Requirements; Calculating the 12-Month Period; Union Issues; Recordkeeping Requirements
– David J. Goldstein & Emily A. McNee
CHAPTER 4
Qualifying Reasons for FMLA Leave
Introduction; Parenting Leave; Serious Health Condition Leaves; Qualifying Exigency Leave for Military Personnel; Military Caregiver Leave
– Steven R. Anderson
CHAPTER 5
Employee Notification and Employer Response
Introduction; Employee Notification Requirements; Employer Notice and Response Requirements
– Beth Papacek-Kovach, Ellen G. Sampson & Amy B. Conway
CHAPTER 6
Certifications – Gathering Medical and Other Information
Certifications Employers May Require; Employer Notice to Employee of Certification Requirements; Content of Certifications; Employee Responsibilities and Consequences of Failure to Comply; Fitness-For-Duty Certifications; Authentication and Clarification of Medical Certifications; Second and Third Opinions; Recertifications; Confidentiality; Genetic Information Nondiscrimination Act of 2008; Other Leave Documentation
– Mary B. Thomas
CHAPTER 7
Managing the Leave Process After FMLA Leave Is Granted
Introduction; Core Concepts; Managing the Employee While On Leave; Conclusion
– Marilyn Clark & Jillian Kornblatt
CHAPTER 8
Reinstatement Following FMLA Leave
What Is Reinstatement to an “Equivalent Position”?; When Reinstatement Is Not Required; Key Employees; Special Rules for School Employees; Fitness-For-Duty Certification; Employer Recovery of Benefit Costs
– Carl Crosby Lehmann
CHAPTER 9
Enforcement
Causes of Action Under The FMLA; Defenses; Remedies; Statute of Limitations; Enforcement Mechanisms/Requirements (DOL Investigations, Individual Suits); Individual Liability; Questions of Sovereign Immunity of Government Entities; Permissibility of Waiver of FMLA Rights and FMLA Legal Claims
– John A. Fabian & Nicholas G.B. May
CHAPTER 10
Interplay with Other Laws and with Company Policies
Introduction; Effect on Company Policies; Americans with Disabilities Act; Genetic Information Nondiscrimination Act; State Leave Laws; State Workers’ Compensation Laws; Other Laws
– Penelope J. Phillips & Grant T. Collins
CHAPTER 11
Common Employer Mistakes: A Plaintiff’s Attorney’s Perspective
Introduction; Employer Mistakes; Conclusion
– Martin B. Ho
CHAPTER 12
Joint Employer and Independent Contractor Issues
Joint Employer Coverage Under the FMLA; Independent Contractor
– David E. Schlesinger & Michelle L. Kornblit
CHAPTER 13
Intermittent FMLA Leave
Qualifying Reasons for Taking Intermittent Leave; Medical Necessity for Intermittent Leave; Determining Eligibility for Intermittent Leave; Calculating the Amount of Intermittent Leave Use; Acceptable Notice of Intermittent Leave; Transferring Employees on Intermittent Leave to Alternative Positions; Intermittent Leave May Be Unpaid for Exempt Employees; Conclusion
– Shalanda Ballard
CHAPTER 14
Leave as a Reasonable Accommodation Under the ADA
Introduction; Leave as a Reasonable Accommodation; ADA and FMLA; Interactive Process; Undue Hardship; Length of Leave; Return to Work
– Tina Burnside
Statutes Index
Case Index
Subject Index
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