Navigating the world of FMLA

FMLA

FMLA • • • • • What is it?

What is the purpose? Who is eligible?

When should FMLA be used?

Who does what?

What is FMLA?

Family and Medical Leave Act (FMLA) is the federal law passed in 1993 and revised in 2009. It requires employers to:

• Grant leave for family and medical circumstances, including leave for a qualifying exigency for families of members of the National Guard and Reserves when the covered military member is on active duty or called to active duty and to care for a service member with a serious illness or injury incurred in the line of duty. • Reinstate the employee to the same or an equivalent position upon conclusion of the FMLA leave.

• Continue health benefits at the same level as prior to the start FMLA leave. Other benefits are governed by company policy.

What is the purpose of FMLA?

Section 2601(b) states that the purpose of the FMLA is to: • Balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity; • Entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition; • Accomplish the purposes described in (a) and (b) in a manner that accommodates the legitimate interests of employers.

Simply put...

• The FMLA was designed to help employees balance work and family responsibilities without adding undue worry about losing a job.

Protected Leave

• • • • • No discipline No negative comments about leave No lowered evaluations for dependability For attendance warnings, separate out the unprotected absences No retaliation after leave

Who is eligible?

An eligible employee is one who has been: • • employed for at least 12 months and for at least 1,250 hours during the

prior 12-month period.

When should FMLA be used?

1. The birth of a child and subsequent care for a newborn (12 weeks).

2. The placement of a child for adoption or foster care (12 weeks).

3. To care for a family member (spouse, son, daughter, or parent) with a serious health condition (12 weeks).

4. The employee has a serious health condition and cannot perform his or her job functions (12 weeks). This could be Workers’ Compensation.

5. For a qualifying exigency because a family member is on or called to active military duty (12 weeks).

6. To care for a covered service member who incurred a serious injury or illness in the line of military duty (26 weeks)

Terms Defined

• Serious health condition: an illness, injury, impairment, or physical or mental condition that involves at least one of the following: – Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility – A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of ) a health care provider; – Any period of incapacity due to pregnancy, or for prenatal care

Serious health condition, continued: – – – – Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective ( e.g., Alzheimer's, stroke, terminal disease, etc.); and Any absences to receive multiple treatments (including any period of recovery that follows) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.). Keep in mind that there are a variety of situations that can be deemed as serious health conditions that would entitle an employee to FMLA leave. Some conditions may require an employee to be absent for less than three days.

Terms Defined

For a qualifying exigency because a family member is on or called to active military duty (12 weeks).

Qualifying Exigency: • • • • • • • • Short-notice deployment.

Military events and activities.

Child care and school activities.

Financial and legal arrangements.

Counseling.

Rest and recuperation.

Post-deployment activities.

Additional activities that arise out of active duty, provided that the company and the employee agree, including agreement on timing and duration of the leave.

Things to Note:

• • • Both men and women are granted leave equally, which means that men, as well as women, can request leave to care for a newborn.

A pregnant woman may request leave to begin before her child is born. A parent may also request leave before placement of an adopted child or foster child for court appearances, counseling, etc.

Continued

• FMLA leave can be taken in a block of time for up to 12 or 26 weeks, or it can be taken intermittently, or on a reduced schedule basis. • A reduced-schedule leave is a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday. It is a temporary change in the employee’s schedule.

• Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason. Intermittent leave is used when the employee needs to take time off repeatedly for short periods of time.

– An example would be the need to receive ongoing treatments (e.g., chemotherapy) or providing ongoing care for an immediate family member.

Who does What? The Employee’s Role:

• • • Provide notice of leave 30 days in advance or As soon as possible, if unforeseen When providing notice, the employee does not need to identify the leave specifically as FMLA leave, but must provide enough information about the nature of the leave so the employer can determine applicability of FMLA.

Who does What? Supervisor’s Responsibility:

• • • • •

Knowledgeable about FMLA

Inform employee when FMLA may be applicable Refer employee to HR Coordinate leave information with employee & HR Code timesheet for employee as: – FMLS (sick leave) – FMLV (vacation) – FMLL (non-paid)

City of Cedar Hill’s process

1. Employee requests FMLA or supervisor recognizes the need for FMLA 2. Supervisor prints Certification of Health Care Provider form for employee from Intranet (under forms or Benefits – FMLA) 3. Supervisor and employee notify HR (Shawna) that the employee may need FMLA 4. Employee takes form to personal or family member’s treating doctor 5. Doctor faxes FMLA paperwork to HR or employee brings paperwork to HR 6. Employee and Supervisor keep HR updated on any changes in status and code timesheet appropriately

Quiz

To be eligible for FMLA leave:

a. The employee must have been employed for five years.

b. The employee needs a break from work c. The employee must be suffering from a serious medical condition.

d. The employee must have been employed by the employer for at least 12 months and 1250 hours in the prior 12 month period.

An employee may take FMLA leave:

a. To care for a new baby b. For qualifying exigency for a covered Service Member c. To care for a parent with a serious health condition d. All of the above

A Supervisor must:

a. Be knowledgeable about FMLA b. Work with HR to schedule FMLA for an employee c. Provide FMLA information to employees d. All of the above

Questions / Comments