29 C.F.R. PART 825--THE FAMILY AND MEDICAL LEAVE ACT OF 1993
TITLE 29--Labor
Subtitle B--REGULATIONS RELATING TO LABOR
CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
SUBCHAPTER C--OTHER LAWS
PART 825--THE FAMILY AND MEDICAL LEAVE ACT OF 1993
Subpart A--WHAT IS THE FAMILY AND MEDICAL LEAVE ACT, AND TO WHOM DOES IT APPLY?
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| What is the Family and Medical Leave Act?
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| What is the purpose of the Act?
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| When was the Act effective?
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| How did the Act affect leave in progress on, or taken before, the effective date of the Act?
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| What employers are covered by the Act?
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| In determining whether an employer is covered by FMLA, what does it mean to employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year?
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| How is ''joint employment'' treated under FMLA?
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| What is meant by ''successor in interest''?
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| What is a ''public agency''?
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| Are Federal agencies covered by these regulations?
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| Which employees are ''eligible'' to take leave under FMLA?
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| In determining if an employee is ''eligible'' under FMLA, how is the determination made whether the employer employs 50 employees within 75 miles of the worksite where the employee needing leave is employed?
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| Under what kinds of circumstances are employers required to grant family or medical leave?
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| What do ''spouse,'' ''parent,'' and ''son or daughter'' mean for purposes of an employee qualifying to take FMLA leave?
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| What is a ''serious health condition'' entitling an employee to FMLA leave?
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| What does it mean that ''the employee is unable to perform the functions of the position of the employee''?
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| What does it mean that an employee is ''needed to care for'' a family member?
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| For an employee seeking intermittent FMLA leave or leave on a reduced leave schedule, what is meant by ''the medical necessity for'' such leave?
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| What is a ''health care provider''?
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Subpart B--WHAT LEAVE IS AN EMPLOYEE ENTITLED TO TAKE UNDER THE FAMILY AND MEDICAL LEAVE ACT?
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| How much leave may an employee take?
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| If leave is taken for the birth of a child, or for placement of a child for adoption or foster care, when must the leave be concluded?
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| How much leave may a husband and wife take if they are employed by the same employer?
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| Does FMLA leave have to be taken all at once, or can it be taken in parts?
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| May an employer transfer an employee to an ''alternative position'' in order to accommodate intermittent leave or a reduced leave schedule?
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| How does one determine the amount of leave used where an employee takes leave intermittently or on a reduced leave schedule?
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| May an employer deduct hourly amounts from an employee's salary, when providing unpaid leave under FMLA, without affecting the employee's qualification for exemption as an executive, administrative, or professional employee, or when utilizing the fluctuating workweek method for payment of overtime, under the Fair Labor Standards Act?
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| Is FMLA leave paid or unpaid?
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| Under what circumstances may an employer designate leave, paid or unpaid, as FMLA leave and, as a result, count it against the employee's total FMLA leave entitlement?
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| Is an employee entitled to benefits while using FMLA leave?
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| How may employees on FMLA leave pay their share of group health benefit premiums?
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| What special health benefits maintenance rules apply to multi-employer health plans?
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| What are the consequences of an employee's failure to make timely health plan premium payments?
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| May an employer recover costs it incurred for maintaining ''group health plan'' or other non-health benefits coverage during FMLA leave?
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| What are an employee's rights on returning to work from FMLA leave?
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| What is an equivalent position?
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| Are there any limitations on an employer's obligation to reinstate an employee?
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| What is a ''key employee''?
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| What does ''substantial and grievous economic injury'' mean?
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| What are the rights of a key employee?
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| How are employees protected who request leave or otherwise assert FMLA rights?
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Subpart C--HOW DO EMPLOYEES LEARN OF THEIR FMLA RIGHTS AND OBLIGATIONS, AND WHAT CAN AN EMPLOYER REQUIRE OF AN EMPLOYEE?
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| What posting requirements does the Act place on employers?
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| What other notices to employees are required of employers under the FMLA?
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| What notice does an employee have to give an employer when the need for FMLA leave is foreseeable?
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| What are the requirements for an employee to furnish notice to an employer where the need for FMLA leave is not foreseeable?
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| What recourse do employers have if employees fail to provide the required notice?
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| When must an employee provide medical certification to support FMLA leave?
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| How much information may be required in medical certifications of a serious health condition?
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| What may an employer do if it questions the adequacy of a medical certification?
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| Under what circumstances may an employer request subsequent recertifications of medical conditions?
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| What notice may an employer require regarding an employee's intent to return to work?
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| Under what circumstances may an employer require that an employee submit a medical certification that the employee is able (or unable) to return to work ( a ''fitness-for-duty'' report)?
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| What happens if an employee fails to satisfy the medical certification and/or recertification requirements?
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| Under what circumstances may a covered employer refuse to provide FMLA leave or reinstatement to eligible employees?
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Subpart D--WHAT ENFORCEMENT MECHANISMS DOES FMLA PROVIDE?
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| What can employees do who believe that their rights under FMLA have been violated?
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| Where may an employee file a complaint of FMLA violations with the Federal government?
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| How is an employer notified of a violation of the posting requirement?
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| How may an employer appeal the assessment of a penalty for willful violation of the posting requirement?
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| What are the consequences of an employer not paying the penalty assessment after a final order is issued?
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Subpart E--WHAT RECORDS MUST BE KEPT TO COMPLY WITH THE FMLA?
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| What records must an employer keep to comply with the FMLA?
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Subpart F--WHAT SPECIAL RULES APPLY TO EMPLOYEES OF SCHOOLS?
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| To whom do the special rules apply?
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| What limitations apply to the taking of intermittent leave or leave on a reduced leave schedule?
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| What limitations apply to the taking of leave near the end of an academic term?
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| Is all leave taken during ''periods of a particular duration'' counted against the FMLA leave entitlement?
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| What special rules apply to restoration to ''an equivalent position?''
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Subpart G--HOW DO OTHER LAWS, EMPLOYER PRACTICES, AND COLLECTIVE BARGAINING AGREEMENTS AFFECT EMPLOYEE RIGHTS UNDER FMLA?
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| What if an employer provides more generous benefits than required by FMLA?
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| Do State laws providing family and medical leave still apply?
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| How does FMLA affect Federal and State anti-discrimination laws?
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Subpart H--DEFINITIONS
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Appendix D to Part 825--Prototype Notice: Employer Response to Employee Request for Family and Medical Leave (Form WH-381)
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