Family and Medical Leave Act (FMLA) Basics

Resource type: Practice note

Status: Maintained

Jurisdiction: USA

A Note describing the rights and obligations of private employers and employees under the Family and Medical Leave Act (FMLA). For information on state leave law requirements, see the Leave Laws State Q&A Tool under Related Content to the right.

Robert S. Whitman, Seyfarth Shaw LLP with PLC Labor & Employment

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Resource ID: 9-505-1339
Products: PLC US Labor & Employment, PLC US Law Department
This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

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Related content

Topics

Working Time and Time OffWorking Time and Time Off (http://crossborder.practicallaw.com/2-103-1226)

Practice note: overview

Joint Employment: Overview Joint Employment: Overview (http://uk.practicallaw.com/topic9-523-4928)

Practice notes

Bullying in the Workplace Bullying in the Workplace (http://uk.practicallaw.com/topic1-518-8850)
COBRA Overview COBRA Overview (http://uk.practicallaw.com/topic3-519-8589)
Disability Accommodation under the ADA Disability Accommodation under the ADA (http://uk.practicallaw.com/topic9-503-9007)
Employee Termination: Best Practices Employee Termination: Best Practices (http://uk.practicallaw.com/topic3-503-9595)
Interactive Process under the ADA Interactive Process under the ADA (http://uk.practicallaw.com/topic5-509-4840)
Military Leave Law Military Leave Law (http://uk.practicallaw.com/topic7-504-4849)
Pandemic Flu Preparation and Response Pandemic Flu Preparation and Response (http://uk.practicallaw.com/topic3-505-0385)
Pregnancy and Parental Leave Pregnancy and Parental Leave (http://uk.practicallaw.com/topic7-505-0393)
The Fluctuating Workweek Method of Paying Overtime under the FLSA The Fluctuating Workweek Method of Paying Overtime under the FLSA (http://uk.practicallaw.com/topic1-518-8138)
Workplace Violence Workplace Violence (http://uk.practicallaw.com/topic7-505-7511)

Standard documents

Attendance Policy Attendance Policy (http://uk.practicallaw.com/topic9-511-4469)
Bone Marrow, Organ and Blood Donation Leave Policy Bone Marrow, Organ and Blood Donation Leave Policy (http://uk.practicallaw.com/topic6-519-4066)
Disability Accommodations Policy Disability Accommodations Policy (http://uk.practicallaw.com/topic9-513-5457)
Family and Medical Leave Act Request Form Family and Medical Leave Act Request Form (http://uk.practicallaw.com/topic9-503-3053)
Family and Medical Leave Policy Family and Medical Leave Policy (http://uk.practicallaw.com/topic4-505-0573)
FMLA Certification for Serious Injury or Illness of a Current Military Member for Military Caregiver Leave FMLA Certification for Serious Injury or Illness of a Current Military Member for Military Caregiver Leave (http://uk.practicallaw.com/topic4-504-8778)
FMLA Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave FMLA Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (http://uk.practicallaw.com/topic0-525-4572)
FMLA Certification of Health Care Provider for Employee's Serious Health Condition FMLA Certification of Health Care Provider for Employee's Serious Health Condition (http://uk.practicallaw.com/topic8-504-8267)
FMLA Certification of Health Care Provider for Family Member's Serious Health Condition FMLA Certification of Health Care Provider for Family Member's Serious Health Condition (http://uk.practicallaw.com/topic4-504-8556)
FMLA Certification of Qualifying Exigency for Military Family Leave FMLA Certification of Qualifying Exigency for Military Family Leave (http://uk.practicallaw.com/topic3-504-8731)
FMLA Designation Notice FMLA Designation Notice (http://uk.practicallaw.com/topic9-504-8016)
FMLA Notice of Eligibility, Rights and Responsibilities FMLA Notice of Eligibility, Rights and Responsibilities (http://uk.practicallaw.com/topic2-504-7949)
Military Service Leave Policy Military Service Leave Policy (http://uk.practicallaw.com/topic8-504-4641)
Pregnancy and Parental Leave Policy Pregnancy and Parental Leave Policy (http://uk.practicallaw.com/topic9-505-1117)
Pregnancy Disability Leave Policy (California) Pregnancy Disability Leave Policy (California) (http://uk.practicallaw.com/topic6-506-8176)

Checklists

Disability Definition under the ADAAA Final Regulations Chart Disability Definition under the ADAAA Final Regulations Chart (http://uk.practicallaw.com/topic7-505-7931)
Disability Leave: Best Practices Checklist Disability Leave: Best Practices Checklist (http://uk.practicallaw.com/topic0-504-5574)
FMLA Employee Notice and Employer Response Checklist FMLA Employee Notice and Employer Response Checklist (http://uk.practicallaw.com/topic2-503-9100)
FMLA Employer Coverage, Employee Eligibility and Qualifying Reason Checklist FMLA Employer Coverage, Employee Eligibility and Qualifying Reason Checklist (http://uk.practicallaw.com/topic1-503-9025)
FMLA, CFRA and PDL Comparison Chart (California) FMLA, CFRA and PDL Comparison Chart (California) (http://uk.practicallaw.com/topic1-523-2952)
Military Service Leave: Best Practices Checklist Military Service Leave: Best Practices Checklist (http://uk.practicallaw.com/topic6-504-8273)
Pregnancy and Parental Leave: Best Practices Checklist Pregnancy and Parental Leave: Best Practices Checklist (http://uk.practicallaw.com/topic1-505-3224)
Resolving Issues During and After FMLA Leave Checklist Resolving Issues During and After FMLA Leave Checklist (http://uk.practicallaw.com/topic0-503-9097)
Statute of Limitations under Major Federal Labor and Employment Laws Chart Statute of Limitations under Major Federal Labor and Employment Laws Chart (http://uk.practicallaw.com/topic4-519-2718)

State Q&A Tool

Leave Laws: State Q&A Tool Leave Laws: State Q&A Tool (http://uk.practicallaw.com/topic9-505-9585)
Leave Policy Language: State Q&A Tool Leave Policy Language: State Q&A Tool (http://uk.practicallaw.com/topic7-505-9586)

Legal update: archive

Cat's Paw Theory of Liability Does Not Exclude Award of Liquidated Damages as Penalty for FMLA Violation: Eighth Circuit Cat's Paw Theory of Liability Does Not Exclude Award of Liquidated Damages as Penalty for FMLA Violation: Eighth Circuit (http://uk.practicallaw.com/topic3-520-7169)
Sovereign Immunity Bars Suits Against States Under FMLA Self-care Provision: Supreme Court Sovereign Immunity Bars Suits Against States Under FMLA Self-care Provision: Supreme Court (http://uk.practicallaw.com/topic3-518-5803)

Family and Medical Leave Act (FMLA) Basics

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