A Family and Medical Leave Act Checklist
A quick checklist for Family and Medical Leave Act requests as a way of making sure you’ve remembered all the key points.
As an employer, what are your responsibilities?
1. The employer is responsible for designating an employee’s leave as qualifying under the Family Medical Leave Act (FMLA).
2. An employee giving notice of the need for FMLA leave must explain the reasons for the leave to allow the employer to determine that the leave qualifies under the Act.
3. Where the employer is not able to confirm that the leave qualifies under FMLA, or has requested medical certification of a serious medical condition, the employer may make a preliminary designation, and so notify the employee. The employer’s request for medical certification must be in writing and state the consequences if it is not received within 15 days from the request.
4. For intermittent leave, the doctor’s certification must specify that there is medical necessity for intermittent leave.
5. The employer must give only one notice of the designation to the employee, unless the circumstances regarding the leave have changed.
6. The notice may be oral or in writing. If the notice is oral, it must be confirmed in writing no later than the following payday which is more than one week after the oral notice.
7. The written notice may be in any form, including a notation on the employee’s pay stub.
You might also like:
- Drive Your Nonprofit’s Mission by Investing in Your People
- Supporting Caregiver Employees in the Nonprofit Sector
- Increase Safety for Your Nonprofit’s Team
- Ask Rita in HR: Should Murphy’s Law Be a Consideration in Making HR Decisions?
- Moving Beyond Performance: Making DEI Actionable
You made it to the end! Please share this article!
Let’s help other nonprofit leaders succeed! Consider sharing this article with your friends and colleagues via email or social media.
About the Author
Blue Avocado is an online magazine fueled by a monthly newsletter designed to provide practical, tactical tips and tools to nonprofit leaders. A small but mighty team of committed social sector leaders produces the publication, enlisting content from a wide range of practitioners, funders, and experts.
Articles on Blue Avocado do not provide legal representation or legal advice and should not be used as a substitute for advice or legal counsel. Blue Avocado provides space for the nonprofit sector to express new ideas. The opinions and views expressed in this article are solely those of the authors. They do not purport to reflect or imply the opinions or views of Blue Avocado, its publisher, or affiliated organizations. Blue Avocado, its publisher, and affiliated organizations are not liable for website visitors’ use of the content on Blue Avocado nor for visitors’ decisions about using the Blue Avocado website.
3 thoughts on “A Family and Medical Leave Act Checklist”
Leave a Reply
Related Posts
New FMLA rules have recently been published and – I believe – become effective in January, 2009. You should review your FMLA policies against the new regulations as well. Primarily, they increase the communication and tracking burden on the employer.Kristie EvansHR/Business Consultant
Kristie – Thanks for your comment. Stay tuned! Rita already has a question about the new rules and will be responding early in 2009.
I concur with Krisite.
Here is a good starting point:
http://www.dol.gov/esa/whd/regs/compliance/whdfs28.pdf)
Best,
Marcos Anders
www.soscs.org