Family and Medical Leave Act, The, Second Edition

The Family and Medical Leave Act  covers all aspects of the Family and Medical Leave Act (FMLA). It reviews the responsibilities of employers and employees under the FMLA, and discusses the FMLA's interrelationships with other laws. It covers statutes, regulations, case law, and key Department of Labor (DOL) regulations and opinion letters.


Thorough and accurate guidance on the issues practitioners must face in complying with the FMLA

The Family and Medical Leave Act is the premier resource for handling all aspects of the Family and Medical Leave Act (FMLA), including its relationship with other laws. Fully revised in its Second Edition, the first new edition since it was originally published in 2006, the treatise addresses in a logical, comprehensive, and accurate way the issues that practitioners on all sides face in exercising rights under, and in complying with, the Act.

While detailed and comprehensive, care has been taken to make the treatise as user friendly as possible. Each chapter is a stand-alone explication of a discrete FMLA concept, and features a short overview of the contents of the chapter, with a listing of the key statutory and regulatory provisions it covers. The text includes helpful cross-references to other sections of the treatise in which the same or related issues are discussed.

Representative topics covered include eligibility for and calculation of leave; calculation of pay and benefits during leave; restoration rights; caring for family members; notice, certification, and fitness-for-duty certifications; prejudice and estoppel standards in defective notice cases; coverage of employers; standards of proof; notice requirements; enforcement; remedies; and much more.


  • Chapter 1. History, Structure, and Administration of the FMLA
  • Chapter 2. Coverage of Employers
  • Chapter 3. Eligibility of Employees for Leave
  • Chapter 4. Entitlement of Employees to Leave
  • Chapter 5. Length and Scheduling of Leave
  • Chapter 6. Notice and Information Requirements
  • Chapter 7. Pay and Benefits During Leave
  • Chapter 8. Restoration Rights
  • Chapter 9. Interrelationship With Other Laws, Employer Practices, and Collective Bargaining Agreements
  • Chapter 10. Interference, Discrimination, and Retaliation Claims
  • Chapter 11. Enforcement, Remedies, and Other Litigation Issues
  • Appendix 1. The Family and Medical Leave Act of 1993: 29 U.S.C. §§2601–2654
  • Appendix 2. Department of Labor FMLA Regulations 29 C.F.R. Part 825 (§§825.100–825.800 and Appendix A)
  • Appendix 3. Department of Labor FMLA Forms
  • Appendix 4. DOL Wage and Hour Division FMLA Opinion Letters: Finding Lists and Summaries
  • Appendix 5. Other Agency Documents
  • Appendix 6. Summary of State Family and Medical Leave Laws
  • Table of Cases
  • Index
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William Bush is a staff attorney with the Legal Aid Society of Middle Tennessee and the Cumberlands, Cookeville, TN.

James M. Paul is a shareholder in Ogletree, Deakins, Nash, Smoak & Stewart, P.C., St. Louis, MO.



Main Volume Information

2017/1,564 pp. Softcover/ISBN 978-1-68267-314-0/Order #3314


“An essential tool for corporate counsel and human resources departments, employees, and others impacted by the Act. The text contains exhaustive citations to federal case law, statutes, and regulations. More than forty attorney authors and editors contributed to the final product, each an expert in his or her field.”

Kendall F. Svengalis

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