Facilitator Speaker Notes — Leave of Absence for Managers

Set the stage. Open the "Leave of Absence for Managers" session by introducing this slide — "What Is FMLA — and Why It Matters to You". Briefly explain why this topic matters to the managers in the room and what they'll be able to do differently by the end of the deck. Invite people to keep a notepad handy for questions.

Talking points (walk through each in order):

1. Definition. The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for qualifying family and medical situations Facilitator tip: say this in your own words, then ask the group for a real example of "definition" from their own team before moving on.

2. Enacted. FMLA was signed into federal law and expanded in 2008 to add military family leave provisions and updated final regulations Facilitator tip: say this in your own words, then ask the group for a real example of "enacted" from their own team before moving on.

3. Why It Matters to Managers. As a supervisor, you are the direct liaison between the organization and employees who need leave — your actions determine legal compliance Facilitator tip: say this in your own words, then ask the group for a real example of "why it matters to managers" from their own team before moving on.

4. Applies to You Personally. Everything you learn about FMLA applies to your employees AND to you — you may need FMLA leave yourself someday Facilitator tip: say this in your own words, then ask the group for a real example of "applies to you personally" from their own team before moving on.

5. Key Benefit. Helps employees balance work and family responsibilities without fear of losing their job or benefits Facilitator tip: say this in your own words, then ask the group for a real example of "key benefit" from their own team before moving on.

6. Federal Floor. Federal law sets minimum standards — states may provide more expansive leave provisions than FMLA requires Facilitator tip: say this in your own words, then ask the group for a real example of "federal floor" from their own team before moving on.

Engage the room. Ask: "How does this show up in your team today?" — let two or three people respond.

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered what is fmla — and why it matters to you, let's look at what comes next."

Transition in. Move into "Training Objectives" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. Point 1. By the End of This Session You Will Be Able To: Pause briefly and check for nods of understanding before continuing.

2. Point 2. 1. Identify the purpose and benefits of FMLA for employees and the organization Pause briefly and check for nods of understanding before continuing.

3. Point 3. 2. Recognize when FMLA applies and which employees are covered Pause briefly and check for nods of understanding before continuing.

4. Point 4. 3. Understand the key provisions of the law including leave amounts, eligibility, and qualifying reasons Pause briefly and check for nods of understanding before continuing.

5. Point 5. 4. Assist employees in handling leaves appropriately and lawfully Pause briefly and check for nods of understanding before continuing.

6. Point 6. 5. Protect yourself and the organization from FMLA liability Pause briefly and check for nods of understanding before continuing.

7. Topics Covered. Purpose and basic provisions · Eligibility and coverage · Notice and recordkeeping · Benefits rules · Prohibitions and liabilities · Intermittent leave and reinstatement Facilitator tip: say this in your own words, then ask the group for a real example of "topics covered" from their own team before moving on.

Engage the room. Pose a quick scenario and ask the group how they would apply this principle.

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered training objectives, let's look at what comes next."

Transition in. Move into "How FMLA Protects Employees" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. Three Core Protections. FMLA provides three fundamental employee protections that every manager must understand Facilitator tip: say this in your own words, then ask the group for a real example of "three core protections" from their own team before moving on.

2. Protection 1 — Leave. Allows employees to take leave for serious family and medical situations without risking their employment Facilitator tip: say this in your own words, then ask the group for a real example of "protection 1 — leave" from their own team before moving on.

3. Protection 2 — Benefits. Provides for the maintenance of group health benefits during the leave period on the same terms as if the employee continued working Facilitator tip: say this in your own words, then ask the group for a real example of "protection 2 — benefits" from their own team before moving on.

4. Protection 3 — Reinstatement. Guarantees reinstatement to the same or an equivalent position with the same pay, benefits, and working conditions when leave ends Facilitator tip: say this in your own words, then ask the group for a real example of "protection 3 — reinstatement" from their own team before moving on.

5. Balance. FMLA is designed to help employees balance work responsibilities and family/health needs — not to penalize them for life events Facilitator tip: say this in your own words, then ask the group for a real example of "balance" from their own team before moving on.

6. Manager Role. Your job is to facilitate these protections, not create barriers. Discouraging, delaying, or retaliating against FMLA leave is illegal Facilitator tip: say this in your own words, then ask the group for a real example of "manager role" from their own team before moving on.

Engage the room. Invite a participant to paraphrase the key idea back to the room to confirm understanding.

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered how fmla protects employees, let's look at what comes next."

Transition in. Move into "Employee Eligibility Requirements" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. TWO Requirements — Both Must Be Met. An employee is eligible for FMLA only if they satisfy both conditions simultaneously Facilitator tip: say this in your own words, then ask the group for a real example of "two requirements — both must be met" from their own team before moving on.

2. Requirement 1 — Length of Service. The employee must have worked for your organization for at least 12 months (not necessarily consecutive) Facilitator tip: say this in your own words, then ask the group for a real example of "requirement 1 — length of service" from their own team before moving on.

3. Requirement 2 — Hours Worked. The employee must have worked at least 1,250 hours during the most recent 12-month period Facilitator tip: say this in your own words, then ask the group for a real example of "requirement 2 — hours worked" from their own team before moving on.

4. Employer Coverage. FMLA applies to private employers with 50 or more employees and most federal employers Facilitator tip: say this in your own words, then ask the group for a real example of "employer coverage" from their own team before moving on.

5. Site Requirement. The employee must work at a location where the employer has at least 50 employees within 75 miles Facilitator tip: say this in your own words, then ask the group for a real example of "site requirement" from their own team before moving on.

6. Manager Action. When an employee requests leave, immediately check eligibility with HR — do not assume eligibility or ineligibility on your own Facilitator tip: say this in your own words, then ask the group for a real example of "manager action" from their own team before moving on.

Engage the room. Ask for a show of hands: who has faced a situation like this in the last month?

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered employee eligibility requirements, let's look at what comes next."

Transition in. Move into "Amount of Leave Allowed" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. Standard FMLA — 12 Weeks. Eligible employees may take up to 12 weeks of unpaid, job-protected leave during a 12-month period Facilitator tip: say this in your own words, then ask the group for a real example of "standard fmla — 12 weeks" from their own team before moving on.

2. Qualifying Reasons for 12-Week Leave. Employee's own serious health condition · Care for a covered family member with serious health condition · Birth or adoption/foster placement of a child · Qualifying military exigency Facilitator tip: say this in your own words, then ask the group for a real example of "qualifying reasons for 12-week leave" from their own team before moving on.

3. 2008 Military Family Leave — 26 Weeks. Employees may take up to 26 weeks during a single 12-month period to care for a covered servicemember injured or ill as a result of active military service Facilitator tip: say this in your own words, then ask the group for a real example of "2008 military family leave — 26 weeks" from their own team before moving on.

4. Military Exigency — 12 Weeks. Leave due to a qualifying exigency arising from a covered family member's call to active duty — capped at 12 weeks per year Facilitator tip: say this in your own words, then ask the group for a real example of "military exigency — 12 weeks" from their own team before moving on.

5. Combined Maximum. An employee may not take more than 26 total weeks of FMLA leave in a single 12-month period when combining standard and servicemember caregiver leave Facilitator tip: say this in your own words, then ask the group for a real example of "combined maximum" from their own team before moving on.

6. Intermittent Option. Leave can be taken all at once, in blocks, or intermittently for qualifying reasons Facilitator tip: say this in your own words, then ask the group for a real example of "intermittent option" from their own team before moving on.

Engage the room. Ask: "How does this show up in your team today?" — let two or three people respond.

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered amount of leave allowed, let's look at what comes next."

Transition in. Move into "Qualifying Reasons for Leave" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. 1. Employee's Own Serious Health Condition. A condition involving inpatient care, continuing treatment, chronic illness, or multiple medical treatments that causes incapacity Facilitator tip: say this in your own words, then ask the group for a real example of "1. employee's own serious health condition" from their own team before moving on.

2. 2. Care for a Family Member. Leave to care for a spouse, child, or parent with a serious health condition — note: siblings, grandparents, and in-laws are NOT covered family members under federal FMLA Facilitator tip: say this in your own words, then ask the group for a real example of "2. care for a family member" from their own team before moving on.

3. 3. Birth or Child Placement. Birth of the employee's child, or placement of a child for adoption or foster care — must be taken within 12 months of birth or placement Facilitator tip: say this in your own words, then ask the group for a real example of "3. birth or child placement" from their own team before moving on.

4. 4. Qualifying Military Exigency. Activities arising from a covered family member's call to active duty — includes short-notice deployment, childcare, financial/legal matters, rest and recuperation, post-deployment activities Facilitator tip: say this in your own words, then ask the group for a real example of "4. qualifying military exigency" from their own team before moving on.

5. 5. Servicemember Caregiver Leave. Care for a covered family member in the armed forces undergoing treatment, recuperation, or therapy for a serious injury or illness incurred in military service Facilitator tip: say this in your own words, then ask the group for a real example of "5. servicemember caregiver leave" from their own team before moving on.

6. Does NOT Qualify. Vacation, minor illnesses, personal errands, flexible schedule requests, or non-medical personal reasons Facilitator tip: say this in your own words, then ask the group for a real example of "does not qualify" from their own team before moving on.

Engage the room. Pose a quick scenario and ask the group how they would apply this principle.

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered qualifying reasons for leave, let's look at what comes next."

Transition in. Move into "Substituting Paid Leave for Unpaid FMLA" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. Default. FMLA leave is unpaid — but employees and employers may substitute accrued paid leave during the FMLA period Facilitator tip: say this in your own words, then ask the group for a real example of "default" from their own team before moving on.

2. Employee's Own Condition. Employees may (or the employer may require them to) substitute accrued vacation, personal, sick, or medical leave Facilitator tip: say this in your own words, then ask the group for a real example of "employee's own condition" from their own team before moving on.

3. Family Care. Employees may substitute accrued vacation, personal, or family leave time. Sick leave may only be substituted if company policy permits using sick leave for family member care Facilitator tip: say this in your own words, then ask the group for a real example of "family care" from their own team before moving on.

4. Bonding Leave. Employees may substitute paid vacation or personal leave — sick leave substitution follows company policy on whether sick leave can be used for non-illness reasons Facilitator tip: say this in your own words, then ask the group for a real example of "bonding leave" from their own team before moving on.

5. Military Exigency Leave. Same substitution rules as family care leave Facilitator tip: say this in your own words, then ask the group for a real example of "military exigency leave" from their own team before moving on.

6. Servicemember Caregiver Leave. Employees may substitute any accrued paid leave (vacation, personal, family, sick, or medical) — same rules as the employee's own serious health condition Facilitator tip: say this in your own words, then ask the group for a real example of "servicemember caregiver leave" from their own team before moving on.

7. Important. Substituting paid leave does not extend the total FMLA entitlement — it runs concurrently with FMLA leave Facilitator tip: say this in your own words, then ask the group for a real example of "important" from their own team before moving on.

Engage the room. Invite a participant to paraphrase the key idea back to the room to confirm understanding.

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered substituting paid leave for unpaid fmla, let's look at what comes next."

Transition in. Move into "Medical Certification Requirements" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. When Required. You may — and often should — require employees to provide medical certification of a serious health condition to support an FMLA leave request Facilitator tip: say this in your own words, then ask the group for a real example of "when required" from their own team before moving on.

2. What Certification Includes. Healthcare provider contact information · Date the condition began and expected duration · Confirmation of the serious health condition · Information on the employee's ability to perform essential job functions Facilitator tip: say this in your own words, then ask the group for a real example of "what certification includes" from their own team before moving on.

3. DOL Form. The U.S. Department of Labor has developed official certification forms — while not mandatory to use, you may not request more information than the DOL form requires Facilitator tip: say this in your own words, then ask the group for a real example of "dol form" from their own team before moving on.

4. Return Deadline. Employees must generally return the completed certification within 15 calendar days (unless there are unusual circumstances) Facilitator tip: say this in your own words, then ask the group for a real example of "return deadline" from their own team before moving on.

5. Contacting the Provider. HR (not you directly) may contact the healthcare provider to clarify or authenticate the certification — privacy rules must be followed at all times Facilitator tip: say this in your own words, then ask the group for a real example of "contacting the provider" from their own team before moving on.

6. Consequence of Non-Return. If an employee fails to return certification without good cause, the leave may be denied FMLA designation Facilitator tip: say this in your own words, then ask the group for a real example of "consequence of non-return" from their own team before moving on.

7. Military Leave. Certification or documentation (e.g., active duty orders) may be required for military family leave Facilitator tip: say this in your own words, then ask the group for a real example of "military leave" from their own team before moving on.

Engage the room. Ask for a show of hands: who has faced a situation like this in the last month?

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered medical certification requirements, let's look at what comes next."

Transition in. Move into "Second and Third Medical Opinions" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. Your Right. If you have reason to doubt the validity of the medical certification, you may request a second opinion at the organization's expense Facilitator tip: say this in your own words, then ask the group for a real example of "your right" from their own team before moving on.

2. Second Opinion Process. We designate a healthcare provider (not regularly used by us) to conduct an independent medical examination — the employee must submit to this examination Facilitator tip: say this in your own words, then ask the group for a real example of "second opinion process" from their own team before moving on.

3. Third Opinion. If the first and second opinions conflict, we may (and the employee may also) request a third opinion from a mutually agreed-upon healthcare provider Facilitator tip: say this in your own words, then ask the group for a real example of "third opinion" from their own team before moving on.

4. Third Opinion Is Binding. The third healthcare provider's opinion is final and binding on both the employer and the employee — no further challenges are allowed Facilitator tip: say this in your own words, then ask the group for a real example of "third opinion is binding" from their own team before moving on.

5. Organization Pays. We bear the cost of all second and third medical opinions Facilitator tip: say this in your own words, then ask the group for a real example of "organization pays" from their own team before moving on.

6. Provisional Leave. While awaiting the second or third opinion, the leave must be provisionally designated as FMLA — you cannot hold the leave in limbo without designation Facilitator tip: say this in your own words, then ask the group for a real example of "provisional leave" from their own team before moving on.

7. Key Rule. You may not delay or deny leave while certification is pending if the employee provided timely notice Facilitator tip: say this in your own words, then ask the group for a real example of "key rule" from their own team before moving on.

Engage the room. Ask: "How does this show up in your team today?" — let two or three people respond.

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered second and third medical opinions, let's look at what comes next."

Transition in. Move into "Notice and Recordkeeping Requirements" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. Employee Notice — Foreseeable Leave. When leave is foreseeable, employees must give at least 30 days advance notice or as soon as practicable Facilitator tip: say this in your own words, then ask the group for a real example of "employee notice — foreseeable leave" from their own team before moving on.

2. Employee Notice — Unforeseeable Leave. When leave is unforeseeable, employees must give notice as soon as practicable (generally the same or next business day) Facilitator tip: say this in your own words, then ask the group for a real example of "employee notice — unforeseeable leave" from their own team before moving on.

3. Employer Response — Eligibility Notice. Within 5 business days of the leave request, you must provide an FMLA eligibility notice Facilitator tip: say this in your own words, then ask the group for a real example of "employer response — eligibility notice" from their own team before moving on.

4. Employer Response — Rights Notice. Within 5 business days, also provide a rights and responsibilities notice explaining the employee's obligations Facilitator tip: say this in your own words, then ask the group for a real example of "employer response — rights notice" from their own team before moving on.

5. Designation Notice. Once sufficient information is received, you must provide a designation notice stating whether the leave is approved as FMLA-protected Facilitator tip: say this in your own words, then ask the group for a real example of "designation notice" from their own team before moving on.

6. Recordkeeping Requirements. All FMLA-related records must be retained for at least 3 years and kept confidential (stored separately from regular personnel files) Facilitator tip: say this in your own words, then ask the group for a real example of "recordkeeping requirements" from their own team before moving on.

7. Confidentiality. Medical information obtained as part of FMLA must be kept confidential — sharing it with the employee's team or unauthorized personnel violates both FMLA and ADA requirements Facilitator tip: say this in your own words, then ask the group for a real example of "confidentiality" from their own team before moving on.

Engage the room. Pose a quick scenario and ask the group how they would apply this principle.

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered notice and recordkeeping requirements, let's look at what comes next."

Transition in. Move into "FMLA and Employee Benefits" by linking it to the previous slide. Give the group a one-sentence "why this matters" before walking through the points below.

Talking points (walk through each in order):

1. Group Health Benefits — Must Continue. During FMLA leave, group health benefits must be maintained on the same terms and conditions as if the employee had continued working Facilitator tip: say this in your own words, then ask the group for a real example of "group health benefits — must continue" from their own team before moving on.

2. Employee Contribution. If the employee normally pays a portion of the premium, they must continue paying their share during FMLA leave to keep coverage active Facilitator tip: say this in your own words, then ask the group for a real example of "employee contribution" from their own team before moving on.

3. If Employee Stops Benefits. If an employee elects to drop benefits during unpaid FMLA leave, coverage must be reinstated immediately when they return — without any waiting period or re-enrollment requirements Facilitator tip: say this in your own words, then ask the group for a real example of "if employee stops benefits" from their own team before moving on.

4. New Benefits. Employees on FMLA leave are entitled to any new benefits that become available during the leave period on the same terms as active employees Facilitator tip: say this in your own words, then ask the group for a real example of "new benefits" from their own team before moving on.

5. Benefit Change Notices. All notices of changes to benefit plans must be provided to employees on FMLA leave — same as for employees at work Facilitator tip: say this in your own words, then ask the group for a real example of "benefit change notices" from their own team before moving on.

6. Other Benefits. Non-health benefits (vacation accrual, pension, etc.) are governed by company policy — FMLA leave may be treated the same as other unpaid leaves for these purposes Facilitator tip: say this in your own words, then ask the group for a real example of "other benefits" from their own team before moving on.

7. Attendance/Bonus Restrictions. You may NOT count FMLA leave against employees for attendance-based discipline, perfect attendance bonuses, or similar programs Facilitator tip: say this in your own words, then ask the group for a real example of "attendance/bonus restrictions" from their own team before moving on.

Engage the room. Invite a participant to paraphrase the key idea back to the room to confirm understanding.

Timing & transition. Aim for roughly 6–7 minutes on this slide. When the points have landed, transition forward with a short bridge such as "Now that we've covered fmla and employee benefits, let's look at what comes next."

Bring it home. This is the final slide — "Prohibitions, Intermittent Leave, and Reinstatement". Use it to consolidate the key messages of the session and connect them back to the participants' day-to-day work. Slow your pace here and make eye contact.

Talking points (walk through each in order):

1. FMLA Prohibitions — We May NOT. Interfere with, restrain, or deny FMLA rights · Retaliate against any employee for exercising FMLA rights · Discriminate against or discharge employees for opposing illegal FMLA practices · Discharge an employee for filing charges or testifying in FMLA proceedings Facilitator tip: say this in your own words, then ask the group for a real example of "fmla prohibitions — we may not" from their own team before moving on.

2. Hiring Prohibition. Never ask a job candidate if they have taken FMLA leave before or plan to in the future — this information cannot influence any employment decision (hiring, promotion, pay, discipline, termination) Facilitator tip: say this in your own words, then ask the group for a real example of "hiring prohibition" from their own team before moving on.

3. Intermittent Leave Rules. Permitted for serious health conditions and military exigency leave · Intermittent bonding leave requires employer agreement · Alternate duty (light duty) cannot be required for nonintermittent leave — only hours off duty count against the 12-week allotment Facilitator tip: say this in your own words, then ask the group for a real example of "intermittent leave rules" from their own team before moving on.

4. Reinstatement Right. Eligible employees returning from FMLA are entitled to the same position or an equivalent position with the same pay, benefits, and working conditions Facilitator tip: say this in your own words, then ask the group for a real example of "reinstatement right" from their own team before moving on.

5. Reinstatement May Be Denied If. The employee would not have remained employed (e.g., layoff affecting their position) · The employee announces intent not to return · The employee took leave fraudulently or violated policy · The employee is no longer qualified to perform the job Facilitator tip: say this in your own words, then ask the group for a real example of "reinstatement may be denied if" from their own team before moving on.

6. Key Points to Remember. Up to 26 weeks for servicemember caregiver leave · Leave can be taken intermittently · Workers generally receive benefits while on leave and are reinstated when leave expires · You are the first line of FMLA compliance Facilitator tip: say this in your own words, then ask the group for a real example of "key points to remember" from their own team before moving on.

Engage the room. Ask for a show of hands: who has faced a situation like this in the last month?

Wrap-up. Aim for 6–7 minutes. Recap the single most important takeaway, point participants to the quiz and scenario exercises for this module, and thank them for their engagement.