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How to start FMLA compliance training for your HR department

FMLA compliance begins with understanding the law and understanding the different types of leave

Understand what the definition of a "serious health condition"

A "Serious Health Condition" is a illness that prevents an employee from performing his or her job or a family member who can not perform their daily activities

Find out the core reasons for FMLA leave

§ The birth of a child
§ The adoption of a child, or placement of a foster child,
§ An employee��s own serious health condition
§ The employees need to care for a spouse or a child or a parent with their own serious health condition.
§ Qualifying Exigency Leave prior to military leave
§ Care for an employee who acquired a ��serious health condition�� in active duty military service

Answers to these questions define treatment under FMLA regulations

§ Was the employee out for three days or more?
§ Did they have two or more visits to a medical provider?
§ Did they have one visit and continuing treatment?
§ Did they have inpatient hospital care?
§ Did they have a chronic condition requiring two or more visits to a medical provider per year
§ Are they incapacitated due to birth or pre-natal care?

If you answered no to all these questions, then the treatment does not meet FMLA compliance standards. Three days and medical treatment is the basic definition of treatment in FMLA regulations

Know the 3 key eligibility questions.

§ Has the employee worked 12 months in the last seven years?
§ Has the employee worked 1,250 hours in the last 12 months?
§ Does the company have 50 employees within a 75 mile radius?

Difficulty: Moderate

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