Session 2: Write (or Revise) Your FMLA Policy

No step in the FMLA compliance process is more important than creating or revising your organization’s policy on Family and Medical Leave.  With a well-developed FMLA policy, an organization can make decisions systematically and consistently; without one, an organization is left with case-by-case decision-making and opening the door to legal problems.

In this session you will learn:

· The 7 Essential Topics You Must Cover in Any Time-Off Policy including PFMLA;

· The Structure of Your FMLA Policy;

· Cautionary Tales:  What FMLA lawsuits tell us about policy mistakes;

· Policy Differences:  State leave only or state and federal leave combined;

· The Special Problem of the Expanded Definition of Family under PFMLA;

· Other Policies Affected: Vacation, PTO, and pregnancy disability;

· Special Policy Considerations:  Out-of-State Employees, temporary employees, breaks in service;

· The 12-month Measurement Period Issue: Examples and the pros and cons of the measurement options; The 12-month period the authority is adopting;

· What to Say about Group Health and Other Benefits in your FMLA policy; (including the employee who does not make the premium payments or doesn’t come back);

· Informing Employees of Their Responsibilities to the Company in Their Need for Leave;

· What your Policy Should Say About Medical Certifications;

· What Your Policy Should Say About “so close to the employee” Family Relationships;

· Restoration: What your policy should say about returning from leave.