Transcript Family and Medical Leave of Absence

What is the Family and Medical
Leave Act?
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Family Medical Leave is a Federal benefit
provided to eligible employees.
A 1993 Federal Act which provides:
 up to 12 work weeks of unpaid, job-protected
leave
 maintenance of pre-existing health benefits
Enforced by the Department of Labor
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Staff & Labor Relations
Eligibility for FMLA
12 months service with Duke (need not be
consecutive)
 Must have worked at least 1,250 hours in
the previous 12 month period
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When does FMLA Apply?
Birth of a child
 Placement of an adopted or foster child
(must be taken within 12 months of
placement)
 Care of a child, parent, spouse or registered
same-sex spousal equivalent with a serious
health condition
 Serious health condition of staff member
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Serious Health Condition
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Inpatient care (overnight stay)
Incapacity more than 3 calendar days involving
continuing treatment
Incapacity due to pregnancy or for prenatal care
Incapacity due to chronic serious health condition
Receiving multiple treatments for condition which, if
untreated, would result in incapacity of more than 3
calendar days
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Examples of Serious Health
Conditions
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Heart attack
Stroke
Severe respiratory
conditions
Cancer
Childbirth and
prenatal care/exams
Asthma
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Diabetes
Lupus
Epilepsy
Mental illness
Back conditions
requiring therapy
Severe arthritis
WC Injuries
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What is a Health Care Provider?
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Health care professional who is accepted by
the employer and the health insurance
provider:
Examples: podiatrists, dentists, clinical
psychologists, optometrists, nurse
practitioners, physicians, physician
assistants, social workers, chiropractors
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Medical Certification
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Personal Illness:
 confirmation
that medical condition requires
absence from work
 duration of leave
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Illness of Spouse, Child or Parent:
 confirmation
that medical condition requires
attendance of staff member as caregiver
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FMLA information should be kept in a
separate file from the personnel file
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Verifying FMLA Reasons
If Medical Certification is clear, approve
(e.g. pregnancy)
 If unsure if FMLA applies:
consult EOHWS who can either assess
reason and/or consult staff member’s
health care provider. Supervisor should
not contact health care provider.
consult Staff and Labor Relations
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Leave Options
Consecutive for 12 weeks
 Intermittent
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 Full-time
leave for less than 12 weeks
 Reduced schedule by decreasing number of
hours in workday or workweek
 Irregularly based on medical needs, caregiver
demands, appointments, etc
NOTE: Paternity & adoption leave may not be
taken intermittently
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Can FMLA be applied
Retroactively?
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Only if:
supervisor learns of reason for FMLA after
staff member returns to work,
OR
supervisor tentatively designated FMLA and
is awaiting medical certification when staff
member returns
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FMLA & Attendance Policy
Absences qualifying under FMLA cannot be
counted as occurrences
 To ensure attendance policy is not invoked:
Staff members must inform Supervisor of
intent to use FMLA 30 days prior to leave
or as soon as possible but no later than
within 2 days after returning to work
Notification must be provided in
accordance with department/unit policies
and procedures
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Processing FMLA
Staff member completes Leave of
Absence Request form and returns it to
the supervisor/manager with the
appropriate supporting documents
 Supervisor/manager reviews documents
and determines:
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eligibility
 absence is a qualifying event
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Processing FMLA
Once leave request is approved:
 supervisor/manager maintains the health care
provider certification or supporting documents and
the Request for Leave of Absence in a secured and
confidential file.
 supervisor/manager sends a copy of the approved
Leave Request Form to department payroll
representative
 department payroll representative will complete
the Payroll Leave of Absence form and send both
the copy of the the Payroll Leave of Absence form
to Corporate Payroll.
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Processing FMLA
If there is no department payroll representative,
the department supervisor/manager will complete
the Payroll Leave of Absence form and send both
the Payroll Leave of Absence form and a copy of
the Request for Leave of Absence form to
Corporate Payroll.
 If the department is in the DUHS, the payroll
representative or the department must notify
Corporate Payroll [email protected] to enter
LOA into the ReporTXpress system.
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Record Keeping
Supervisor/Department must keep track of
time taken
especially important for intermittent
leave which may be taken in hours
 Part-time staff members:
available leave is pro-rated based on
normal work schedule
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FMLA Resources
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Reference Materials:
 FMLA Policy, Personnel Policy Manual B-94
Leave Forms:
 http://www.hr.duke.edu/hrprocesses/leave.html
Policy Interpretations:
 Staff & Labor Relations 684-5557
Medical Certification Advice:
 Employee Occupational Health & Wellness
Service
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