Transcript FMLA Update - Pennsylvania State University

January, 2009
 The
FMLA entitles eligible Employees to take
up to 12 workweeks of job-protected leave in
a 12-month period for specified family and
medical reasons.

Exception - Military Family Leave permits up to
26 workweeks.
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1. Employee must be employed for at least 1 year.
 2. Employee must have WORKED at least 1,250
hours in the 12 months preceding the absence.

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 1.
For the birth or care of a newborn child of
an Employee.
 2. For placement with the Employee of a son
or daughter for adoption or foster care.
 3. For the serious health condition of the
Employee or their spouse/domestic partner,
child, or parent.
 4. For a qualifying exigency.
 5. For Military Family Leave.
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
1. When an Employee is incapacitated for more than 3
days and:


Visits a health care provider in-person for
treatment 2 or more times within 30 days of the
first day of incapacity OR
Visits a health care provider in-person for
treatment at least 1 time, which results in a
regimen of continuing treatment (for example, a
prescription).

** the first in-person visit must take place within 7
days of the first day of incapacity**
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 2.



A chronic health condition that:
Requires visits to a health care provider for
treatment at least 2 times per year AND
Is a condition that continues over an extended
period of time AND
May cause episodic incapacity rather than a
continuing period of incapacity
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 3.
Inpatient care involving an overnight stay
in a hospital; includes subsequent treatment.
 4. Incapacity for pregnancy or prenatal care.
 5. Permanent or long term conditions –
period of incapacity which is permanent or
long-term due to a condition that treatment
may or may not be effective for. The
Employee must be under a health care
provider’s care but does not need to be
receiving treatment.
 6. Conditions requiring multiple treatments
by a health care provider.
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 1.

Qualifying Exigency:
May be used when an Employee’s spouse, child,
or parent is in the National Guard or Reserves
and is called to active federal duty.

Examples:
 making alternate daycare arrangements
 making financial & legal arrangements
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 2.


Military Family Leave:
May be used when an Employee’s child, spouse,
parent, or next of kin is a member of the armed
forces and is injured in the line of duty. The
family member must be: undergoing medical
treatment, recuperating, going through therapy,
in in-patient status, or on the temporary
disability retirement list for a serious injury or
illness.
This leave may last a maximum of 26 workweeks.
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 Supervisors
and managers will no longer need
to distribute FMLA paperwork. They will need
to refer Employees to HR.
 There is no way for OPP to count holidays as
FMLA due to our payroll system, so holidays
will not be coded as FMLA. (update 01/10).
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 Light
Duty – If an Employee’s FML is running
concurrently with WC and the employee is
able to return to light duty (but not released
to the same or an equivalent job) the
Employee may decline the light duty job.
So, if you have an Employee out on WC, have
them work through the safety office and HR
concerning returning to work.
 In most cases, FML and WC will run
concurrently.
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 Employee
medical information is only
permitted to be stored in the HR
Department.
 Supervisors may NOT contact an Employee’s
doctor even if they have the Employee’s
permission to do so.
 In certain situations we can require medical
re-certification by the Employee and/or HR
can call the Employee’s doctor for
clarification about a medical certification
form.
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When you have a questionable/problematic
situation, please contact HR.
 If an Employee has a condition that falls under
the FMLA umbrella, they must use FML. Some
Employees may not want to use FML, but they
must so that we are consistent.
 An Employee does not have to request FML to be
covered. As a representative of PSU, if you are
aware of an Employee’s situation, that is
enough. Just saying an Employee did not ask for
FML will not hold up in court; the onus is on the
Employer.

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 When
an Employee is off for FML, that time
must be marked as FML on their timecard –
regardless of whether they are using
vacation, personal, pay deduction, or sick
time (except for the holidays mentioned
previously).
 When an Employee has an ongoing medical
condition, they must complete paperwork on
an annual basis.
 Keep HR informed when Employees are
injured and cannot come to work
unexpectedly.
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 Employees
may only use up to 40 hours of
sick time per year for family members – even
if they have FML paperwork filled out for a
family member.
 Employees may not return to work without
proper documentation from their doctor
(when out for a chunk of time, not
intermittent). Send documentation to HR.

The documentation must state:


the day they are permitted to return.
that they have no restrictions.
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 The
expectation is not that you will know
how to administer FML, but rather, you will
recognize what scenarios may entitle an
Employee to coverage.
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 There
were 194 requests for FML from April –
December, 2008.

77 of those were for intermittent FML
 There
have been 35 requests for FML since
January 1, 2009.

13 of those were for intermittent FML
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