Non-Occupational Absence Management FMLA Policy and Procedures City of Norfolk

Agenda : 1.What is the FMLA 2.Who is Eligible for FML 3.What is the FMLA Calendar Year 4.How much Protected Leave is Available 5.Approved Reasons for FML 6.Paid Leave Procedures 7.FMLA Basic Timelines 8.Norfolk FMLA SOP 9.Disability Management Website

What is the Family Medical Leave Act? Federal law enacted in 1993 and revised in 2008, 2009, 2010, 2011, and 2013 Promotes family integrity by balancing the demands of the workplace with family needs Creates substantive employee rights Maintenance of benefits Reinstatement to the same or equivalent position Prohibits discrimination or retaliation against employees who exercise those rights

Who is Eligible for FML? Eligible employees Employee who has worked for employer at least 12 months at beginning of leave Consecutive employment not required-can be a 7-year break in service Includes leave, vacation or military time Employee worked 1250 hours in the 12 months before leave Don’t include leave time or vacation Include military time

What is the FML Year? 12 month period - 12 months measured forward: begins on date employee first takes FMLA leave The 12 month period for the care of covered service member starts on the first day of leave for this reason, no matter what tracking period the employer uses Leave can be used: Blocks of time Intermittent leave Reduced leave schedule

How Much Protected Leave is Available? FMLA allows eligible employees to take 12 weeks of unpaid leave within a 12 month period. FMLA permits eligible employees whose spouse, son, daughter or parent is on covered active duty or called to covered active duty status - 12 weeks of leave entitlement to address certain qualifying exigencies. FMLA permits eligible employees to take up to 26 weeks of leave to care for a covered service-member during a single 12-month period.

1.) Approved Reason for Leave: Child Birth Incapacity due to Pregnancy, prenatal medical care or child birth To care for your child after birth Placement for adoption or foster care If spouses are both employed by the City, their aggregate leave is limited to 12 weeks or 26 weeks for care of a service member

2.) Approved Reason for Leave: Serious Health Condition Immediate family member with serious health condition including spouse, son, daughter, or parent Employee’s own serious health condition that makes the employee unable to perform their job Injury, illness, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the function’s of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Continuing treatment definition: Period of incapacity of 3 full consecutive calendar days combined with –  at least 2 visits to a health care provider or  one visit and a regimen of continuing treatment or  Incapacity due to pregnancy or  Incapacity due to chronic condition

3.) Approved Reason for Leave: Qualifying Exigency Employee’s spouse, son, daughter, or parent on covered active duty or called to active duty Qualifying exigencies include: Short notice deployment Military events Arranging for alternate childcare Addressing financial and legal arrangements Attending counseling sessions Attending post-deployment reintegration briefings

4.) Approved Reason for Leave: Care for a Service Member Employees may take up to 26 weeks of leave to care for a covered family member (spouse, son, daughter, parent, or next of kin) in the armed forces who has an injury or illness incurred: In the line of duty On active duty in the Armed Forces Service Member is rendered medically unfit to perform duties. Service member must be undergoing medical treatment, recuperation or therapy, is otherwise in an outpatient status, or is on the temporary retired list. Member of the Armed Forces include National Guards or Reserves and a Veteran who performed service within the last five years.

Paid Leave Runs Concurrently with FMLA Unpaid Leave: City of Norfolk provides paid leave; this leave must be used to run concurrently with unpaid FML Vacation, sick, or any other accrued leave Applies to leave for a qualifying exigency and care for a covered service member Leave taken for a serious health condition under a disability plan, including workers’ compensation, is considered FMLA leave Other employment must be authorized to continue during FML absence

FMLA Required Timelines: Employee must Notify employer – 30 calendar days Employee must provided a 30 day notice when need is foreseeable When unforeseeable, an employee must comply with the employer’s procedural requirements for requesting leave Employer must notify employee – 5 working days His/her eligibility status within 5 working days and inform the employee of their “rights and responsibilities” Employee must provide Certification forms to employer - 15 calendar days Additional medical information may be required Employer must inform employee – 5 working days If FML request is approve or not and why within 5 days Employer must track leave and inform employee when leave is exhausted Employer must maintain records for at 3 years

Norfolk FMLA SOP: A. Initial Request and Determination of FMLA Eligibility: Employee Responsibility: Requests FML covered Leave Of Absence 30 days in advance by contacting their supervisor; if request is less than 30 days in advance, reason must be provided. Submits leave cards for applicable available leave in accordance with normal procedures. Supervisor Responsibility: Once contacted by employee, immediately informs the DMC. Departmental procedures must be followed in accordance with normal leave notification procedures. DMC Responsibility: DMC must determine if employee is eligible based on FMLA Policy, complete Form WH-381; give to employee within five (5) business days of the FML request and keep a copy for the file. Additionally provide the appropriate form to the employee for completion based on the type of circumstance (Appendix B – F). Provide a copy of the Non-Occupational Medical Treatment Plan Form (Appendix I) to employee. Employees determined to be “not eligible” for FML would follow normal Leave procedures. In this case, leave approval is at the department head’s discretion. Develops a departmental file as desired.

Norfolk FMLA SOP: B. Determination and Continuation of Coverage: Employee Responsibility: Ensures all appropriate paperwork is delivered to the treating physician for completion and returned to employer/supervisor within the 15 days allotted timeframe. Provides treating physician with the Non-Occupational Medical Treatment Form (Appendix I) each time he/she attends a follow-up appointment; form must be given to DMC immediately after visit. Keeps supervisor apprised of status, especially any changes to anticipated return to work date. DMC Responsibility: Forwards completed Form WH-381 and appropriate certification form (Appendix B-F) and copies of Leave Request Forms to Department of Human Resources DMA. If certificate is not returned within 15 calendar days, DMC notifies employee that the form has not been submitted and failure to submit the form could result in denial. There may be provisional approval of FML if employee is not in the position to provide the completed form. DMC should work closely with the employee’s representative if possible. A copy of notification is to be forwarded to DMA. Tracks FML used by employee including intermittent FML. Corresponds with HR as needed.

Norfolk FMLA SOP: B. Determination and Continuation of Coverage Continued: Supervisor Responsibility: Upon notification from DMC of employee’s failure to comply with submission of forms/required documentation, supervisor is to follow Disciplinary Rules, Policy 8.3, rule # 27, violation of City Policy in accordance with normal procedures. Human Resources Responsibility: Disability Case Manager reviews completed certifications from health care provider(s) (Appendix B-F) and determines if covered under FMLA. More information may be requested (Appendix I). HR notifies employee and DMC of decision within five (5) business days of receipt using Form WH-382. Track FML usage working with the DMC. When FMLA has ended or exhausted, HR notifies employee and DMC using Form WH-382. Maintains copies of medical certifications for three (3) years.

Non-Occupational Absence Management Progression: 1. Sick and annual leave usage  (FML if appropriate) 2. Short-term Disability (Sick Leave Bank)  Voluntary benefit purchased by employee  (FML if appropriate) 3. Long-term Disability  Voluntary benefit purchased by employee 4. Ordinary Disability Retirement  If qualified

Disability Absence Management Contacts: Disability Management Administrator Donna M. Vogel, M.S. Disability Case Manager Diane Kleeger, RN, MSN City Safety Officer Craig Watkins HR Technician Diane Fitzgerald

Thank you for your support to the City of Norfolk’s Disability Management Program