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The FMLA Guide provides comprehensive reporting and analysis of the statutes, regulations, and case law governing the Family & Medical Leave Act. How to coordinate FMLA leave rights with other legal rights and responsibilities of employees and employers is covered. Chapters are broken down by major topics, and topics are broken down according to their applicability under Title I, Title II, and Title V of the FMLA, the Congressional Accountability Act of 1995 (CAA), and the Presidential and Executive Office Accountability Act of 1996 (PEOAA). Best practice tips are also included. Employee and agency representatives and those involved with FMLA administration or enforcement use the FMLA Guide stay up to date with FMLA developments.
New developments that are discussed include:
- 2020 statutory and regulatory amendments affording some federal employees the right to paid FMLA leave and Emergency Paid Sick Leave for reasons related to the COVID-19 pandemic
- the 2020 National Defense Authorization Act amendments to the FMLA extending to some federal employees up to 12 weeks of paid parental leave in connection with the birth, adoption, or foster care placement of a child
- regulatory changes covering a wide variety of FMLA issues, including employer coverage, critical definitions of covered family members, maintenance of benefits, increased fines, and FMLA enforcement procedures
- issuance of updated FMLA posters, employer notice, and certification forms
- resumption by the DOL of the issuance of guidance, including opinion letters addressing the FMLA and no-fault attendance policies, coverage for organ donation, and designation of FMLA leave issues
- decisions by circuit and district courts, the MSPB, and other administrative agencies interpreting the FMLA in the federal sector
- a new comprehensive glossary of terms and table of cases
The FMLA Guide discusses the many statutory and regulatory changes to the four major federal sector versions of FMLA. Of special note is an entirely new chapter devoted to leave related to the COVID-19 pandemic.
Major topics include:
- Overview of the FMLA—an introduction to the FMLA variants and how to determine which applies
- The Purposes and Legislative History of the FMLA
- FMLA Coverage of the Federal Government—who is a covered employer
- Federal Employees Covered by the FMLA—definitions and specific categories of employees and those excluded from coverage
- Employee Eligibility for Leave—how to calculate 12 months of employment and determining 1,250 hours of service
- Covered Family Members—spouses, sons and daughters, parents, and individuals who are not covered by the FMLA and confirmation of the familial relationship
- Covered Conditions—birth, adoption or foster care placement, and "serious health conditions"
- Notice Requirements—employer and employee notice obligations
- Documentation Requirements—medical certifications and re-certifications
- Leave Amount and Scheduling—explanation of the 12 month FMLA leave year, how to calculate 12 workweeks of FMLA leave, and leave scheduling
- Substitution of Leave—paid leave, overtime, workers' compensation, temporary disabilities, and more
- Maintenance of Benefits—retention of accrued employment benefits, maintenance of health benefits while on leave, payment of health benefit premiums, and employer recovery of costs
- Return to Work from Leave—employees' rights upon their return to work, employees' perfection of their right to return to work, and limitations on the employers' obligation to reinstate an employee
- Record-Keeping Requirements
- Prohibited Acts, Enforcement, and Remedies
- Interaction of the FMLA with Other Federal Laws, Employer Practices, and Collective Bargaining Agreements—discussion of the Rehabilitation Act, Pregnancy Discrimination Act, and workers' compensation
- COVID-19, Families First Coronavirus Response Act, Emergency Paid Sick Leave Act, Emergency Family and Medical Leave Expansion Act
- Appendix — This newly updated appendix consists of 55 forms, fact sheets, guidance, memorandums, questions and answers, advisory opinions, posters, FAQs, new releases, and webinar slides from DOL/WHD, OPM, NLRB, and EEOC. Refer to the Table of Contents link above for a detailed list.
Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM or USB Flash Drive or download.
Unquestionably the most comprehensive book of the FMLA’s legislative history and application that’s out there. We’ve found it to be a valuable reference tool, for either a quick answer or a more in depth analysis of a FMLA issue.
The most complete and well-organized Guide that I have encountered in any area of Employment Law. A necessary addition to the library of all Federal Human Resource professionals and practitioners in this emerging area of Federal Employment Law. A monumental work—Carl Bosland has left no stone unturned nor issue undeveloped.
A Federal Sector Guide to the Family and Medical Leave Act and Related Litigation represents the most thorough compendium of…the FMLA to date. It successfully presents the…FMLA statute in a user-friendly style to the employment law practitioner and human resources manager. Unlike many statutory overviews, your FMLA Guide clearly, yet comprehensively, explains the elements of the FMLA…. This book will serve as a key resource to the FMLA practitioners from both the employee and employer vantage points.
Carl C. Bosland’s "A Federal Sector Guide to the Family and Medical Leave Act and Related Litigation" is the most comprehensive book on the subject that I have read to date. The material is organized in a manner that makes it user friendly. The reader is able to get whatever information they want from an extremely detailed table of contents. If any federal employee, family member or retiree needs a reference book for questions relating to "The Family and Medical Leave Act," this book is a "must have."
Carl C. Bosland’s "A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation" is the best resource on FMLA that I have read and used to date.It is the resource that I refer to first when any FMLA issue arises. It is easy to use and divided into specific categories for quick references.… The CD supports multiple formats and is easy to use even for the computer illiterate.The CD is fully searchable and has an index that brings you directly to the cite. I highly recommend Carl’s book and CD to anyone involved in the Federal Employment sector.
This guide brings clarity to the complexities of compliance with the multiple, overlapping versions of the Family and Medical Leave Act applicable to the federal sector. Written by Carl C. Bosland, arbitrator, attorney, and former Deputy Managing Counsel with the US Postal Service, the Guide provides a comprehensive yet practical review of the rights and responsibilities of the four major FMLA laws applicable to the federal sector.
The Guide begins with an overview of the major components of the federal sector FMLA laws. It continues with a review of the legislative history of the FMLA, tracing the social, political and demographic forces that animated and shaped the current legislation, and will likely influence future amendments. The remaining chapters provide a detailed analysis of the primary provisions of the federal sector FMLA laws.
Written for both the novice and seasoned professional whose responsibilities include FMLA administration, advocacy, or adjudication, the Guide provides a thorough review of the laws, regulations, administrative guidance, and case law developments in this highly technical and rapidly developing area of law.
Employee Benefit Plan Review
SFLERP member Carl C. Bosland, an arbitrator from Denver, Colorado, who serves on panels for the Postal Service, APWU, and NPMHU, has written a new book addressing the Family and Medical Leave Act (FMLA). Published in November 2003 by Dewey Publications, Inc., the 700+ page book, A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation, provides a comprehensive, up-to-date review of the four variants of the FMLA that apply to federal sector employees and employers. The Guide clearly explains what employees are covered by the four federal sector variants of the FMLA, and details similarities and critical differences in the rights and responsibilities of employees and management under each of those variants. The Guide also reflects current case law and administrative developments interpreting the FMLA.