Transcript HIPAA Privacy Rule - Youngstown State University

UNDERSTANDING FMLA
at
Youngstown State University
Linda Moore, Human Capital Management Analyst
Debby LaRocco, Manager Employee Benefits
April 9, 2014
What is FMLA?

Family and Medical Leave Act of 1993

Federal law that requires employers to provide
employees job-protected leave for qualified medical and
family reasons
Purpose of the Law

Balance work and family life

Promote economic security of families and
serve national interest in preserving family
integrity
Employee Eligibility

Worked at least 12 months

Worked at least 1,250 hours during the 12 months
before leave begins
Qualifying Leave Reasons
12 Workweeks of leave:
 Birth or placement of a child for adoption or foster
care
 To care for a spouse, son, daughter, or parent with a
serious health condition
 For the employee’s own serious health condition
 Because of a qualifying exigency arising out of active
duty status of a covered military member who is the
spouse, son, daughter, or parent
Qualifying Leave Reasons
26 Workweeks of leave:
To care for a “covered servicemember” with
a serious injury or health condition


Servicemember is a member of the Armed Forces
including national Guard or Reserves
Eligible to care for spouse, son, daughter, parent, or
“next of kin”. Next of kin can be other family member
including brother, sister, grandparent, etc.
Definitions
Serious Health Condition: Illness, injury,
impairment, or physical or mental
condition involving:

Inpatient care
 Overnight stay in a hospital or other facility
 Any related incapacity or follow-up treatment

Continuing treatment by a health care provider
 Incapacity plus treatment, chronic
conditions, pregnancy, permanent/longterm conditions, absence for multiple
treatments
Definitions
Qualifying Exigency: arises out of
the fact the employee’s spouse, son,
daughter, or parent is a military member
called to active duty

Allows time to prepare for duty – childcare and school
activities, military events and activities, etc.
Definitions
Care of a Covered Servicemember: to care for a
“covered servicemember” with a “serious injury or
illness. “(26 weeks)



Incurred in line of active duty rendering member
medically unfit
Covers spouse, son, daughter, parent, or next of kin.
Allows time to prepare for duty – childcare and school
activities, military events and activities, etc.
Amount of Leave

Employee’s workweek is basis for entitlement

Leave may be taken intermittently or on a reduced
leave schedule

shortest increment of leave is one hour
Intermittent/Reduced Leave
Employee is entitled to take intermittent leave for:



Employee’s or qualifying family member’s serious health
condition when medically necessary
Covered servicemember’s serious injury or illness is
medically necessary
Qualifying exigency due to call to active duty status.
Substitution of Paid Leave
Leave may be paid if using accrued leave such as sick or
vacation hours.
YSU requires paid leave to run concurrently with FMLA

If FMLA (12 weeks) is exhausted and employee has more
paid leave available, employee can remain off work as long as
leave situation is still necessary.
Leave Codes
(Biweekly Timesheets)

FMS* – Family Medical Leave using Sick hours

FMV* – Family Medical Leave using Vacation
hours

FMP – Family Medical Leave using Personal hours

FMU – Family Medical Leave using Unpaid hours
* Leave Codes also used in semi-monthly Leave Reporting
Recording Time - WTE
Time Sheet
Employer Responsibilities

Provide a general notice – poster outside HR and other
public areas, contracts, employee handbook, distributed to
new employees

Provide notice of eligibility within 5 days
of receipt of request

Provide reason if employee is not eligible
Employer Responsibilities

Maintain employee’s group health benefits throughout the
12 weeks on the same terms and conditions as if the
employee were continuously employed (same rates as
actively employed)

Restore employee to same or equivalent job (pay,
benefits, and terms and conditions)
Employee Responsibilities
Provide sufficient and timely notice of the need for
leave

30 days or as soon as practicable
Provide medical certification to support need for leave

Submit within 15 days
Provide periodic status reports if needed

Notify employer about status and intent to return to work
Provide fitness for duty certification if needed

Employer may require certification that employee is physically and
mentally ready to return to his/her job
FMLA Process at YSU
Action
Timing
Employee – Request Leave from HR
Within 30 days of
leave or as soon as
practicable
Employer - HR will send you
 Notice of Eligibility and Rights
 Medical Certification
 Rights and Responsibilities Notice
 Calendar tracking (if needed)
Within 5 days of
having enough
information to
determine if leave is
FMLA-qualifying
Employee - Return completed Medical
Certification or notice of deployment in
case of exigency
Within 15 days
FMLA Process at YSU
Action
Timing
Employee - Follow up with HR if leave dates
change
As soon as event
occurs
Employee – Notify HR when returning to
work or if extension is required
Within a week of
return
Employer – Will work with employee to
determine other leave options if required or
next steps if disability benefits are an option
Questions
Linda Moore at ext. 2137
or
Debby LaRocco at ext. 1322
Each union contract may provide other leaves in addition to FMLA and each
department may manage absences differently based on work load and other
situations. FMLA is a federal law and the basic explanations provided are
consistent throughout the University. Unique situations do arise and should be
discussed with HR and the supervisor.