Managers’ Checklist Giving Notice and Designating Leave

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					    Managers’
P Checklist            Giving Notice and Designating Leave

 o	 I have given a written designation form letter to the employee requesting leave.
    The designation form letter includes:
    o	 a statement that the leave is FMLA leave and will reduce the employee’s
       available FMLA leave time, or
    o	 a statement that the leave is preliminarily designated FMLA leave and will
       reduce the employee’s available FMLA leave time, pending investigation
       into whether the need for leave falls under the FMLA, or
    o	 a statement that the leave is not FMLA leave.

 o	 After giving the preliminary designation, I have asked the employee requesting
    leave or his or her spokesperson to tell me the reason for the leave, and
    o	 the employee has informed me that the employee needs the leave because
       of a serious health condition, and I have confirmed the FMLA designation
       in writing
    o	 the employee has given me some information that leads me to believe that
       the need for leave falls under the FMLA, and I have requested additional
       information, including medical certification, or
    o	 the need for leave does not fall under the FMLA, and I have withdrawn the
       preliminary FMLA designation in writing.

 o	 Where an employee’s behavior reveals the employee might have a serious
    health condition, I have placed the employee on FMLA leave with a preliminary
    designation and have conducted an inquiry into whether the employee actually
    has a serious health condition.

 o	 I have granted an employee’s request for leave and preliminarily designated the
    leave as FMLA leave even though the employee did not mention the FMLA, where
    o	 the employee gave me enough information to believe that the need for
       leave might fall under the FMLA, or
    o	 I have information from another source that the employee’s need for leave
       falls under the FMLA.
    Managers’
P Checklist           Giving Notice and Designating Leave, continued

 o	 Where I have learned information during an employee’s leave that leads me
    to believe it falls under the FMLA, I have given the employee a written FMLA
    designation.

 o	 I have informed any employee requesting FMLA leave that
    o	 he or she may use paid leave during FMLA leave (where appropriate) and
       informed the employee that the leave time will reduce available FMLA leave
       time, or
    o	 Company policy requires that paid leave be substituted and informed the
       employee that the leave time will reduce available FMLA leave time.

 o	 I have designated workers’ compensation leave as FMLA leave, where the
    workplace injury is a serious health condition under the FMLA.

 o	 When the employee requests leave for an unforeseeable, FMLA-covered reason,
    I have granted the leave and designated it as FMLA leave even though the
    employee did not give 30-days’ notice.

 o	 I have made sure not to require more employee notice for FMLA leave than is
    required by state law.

 o	 I have made sure not to require more employee notice for FMLA leave than is
    required by a collective bargaining agreement covering the requesting employee.

 o	 I have given the employee going out on FMLA leave an individualized notice
    with FMLA information specific to his or her situation.

 o	 I have given additional notices to the employee on leave when
    o	 an employee has requested FMLA leave six months or more after his or her
       first request for leave
    o	 the information I initially gave the employee in the individualized notice has
       changed, or
    o	 the company requires a medical certification or fitness-for-duty
       certification prior to the employee returning to work..

				
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