Family Medical Leave Act Presented by Sheronda Glass Director, Human Resources

Family Medical Leave Act Defined What is FMLA? “FMLA” refers to the Family Medical Leave Act, which is a federal law that guarantees qualifying employees up to 12 workweeks of unpaid leave each year with no threat of job loss. FMLA also requires that employers covered by the law maintain the health benefits for eligible workers just as if they were working.

Family Medical Leave Act The Federal Family Medical Leave Act (FMLA) and the Wisconsin Family Medical Leave Act (WFMLA) provide you with the right to take job-protected leave with continued medical benefits when you need time off from work to: Care for yourself or a family member who is seriously ill; Care for a newborn or newly adopted child; or To attend to the affairs of a family member who is called to active duty in the military.

Family Medical Leave Act Qualifying Family Members Parent – A biological, adoptive, step or foster father or mother, or someone who stood in loco parentis to the employee when the employee was a son or daughter. Parent for FMLA purpose does not include in-laws. Spouse – A husband or wife as defined or recognized in the state where the employee was married and includes individuals in same-sex or common law marriage. Son or Daughter – For leave other than military family leave, a biological, adopted, or foster child, a step child or legal ward or a child of a person standing in loco parentis who is either under 18 years of age, or 18 or older and incapable of self-care because of a mental or physical disability.

Family Medical Leave Qualifying Leave Reason For the Birth or Placement of a Child Both mother and father entitled to FMLA. Employees may take FMLA before the actual birth, placement or adoption. Leave must be completed by the end of the 12-month period beginning on the date of the birth or placement.

Family and Medical Leave Act Qualifying Leave Reason Illness, injury, impairment, physical or mental condition involving: Inpatient Care – an overnight stay in a hospital, hospice or residential medical facility. Includes any related incapacity (three consecutive, full calendar days) or subsequent treatment. Continuing treatment by a Health Care Provider – includes incapacity plus treatment, pregnancy, chronic conditions, permanent/long term conditions, absence to receive multiple treatments.

Family Medical Leave Act If you know: You are going to be out more than three consecutive days due to personal illness; to care for a sick child or parent; or you need to take time off for intermittent/continuous care (care spread over multiple, non-consecutive days)

Family Medical Leave Act An employee may be eligible for more generous leave provisions. Leave taken for FMLA-eligible reasons may run concurrently under FMLA, WFMLA, and other leave provisions available. The leave under the various provisions is exhausted simultaneously.

Family Medical Leave Act Eligibility Applying for FMLA Once you know you need to take a leave of absence that will be covered by the Wisconsin and/or Federal Family Medical Leave Acts, you should contact your supervisor and human resources so they can provide the proper paperwork and determine how much leave you have available to use. Eligibility In order to be eligible for family and medical leave, you need to work a specific number of hours during the year. For eligibility purposes, all State of Wisconsin agencies, including the University of Wisconsin System are considered one employer.

Family Medical Leave Act Eligibility Wisconsin Family Medical Leave Eligibility Criteria You must have worked for the State for at least: 52 consecutive weeks; and Have worked 1,000 hours during the preceding 52-week period. Paid leave used counts towards the 1,000 hrs. worked.

Family Medical Leave Act Eligibility Federal Family and Medical Leave Eligibility Criteria You must have worked for the State for at least: 12 months (12 months do not need to be consecutive); Worked 1,250 hours during the preceding 12-month period. Only actual hours worked count towards the 1,250 hours. Eligibility for WFMLA and FMLA is determined by considering all hours worked up to your first day of leave.

Family Medical Leave Act Request and Forms How do I request leave? Complete and submit the following form to human resources to request W/FMLA-protected leave. If you request a WFMLA leave to care for a domestic partner or a domestic partner’s parent, you must complete this form in order to certify the domestic partnership for WFMLA purposes. Please request this form as soon as you know of the need for leave. https://www.wisconsin.edu/ohrwd/benefits/download/leave/fmla/uws80.pdf

Family Medical Leave Act Request and Forms What other forms are required? You are required to submit the Certification by Health Care Provider for Employee’s Serious Health Condition form. Your health care provider must complete this form to certify your serious health condition if you are taking a concurrent FMLA and WFMLA leave. Please have the physician return the form to the HR Department as soon as it is completed. https://www.wisconsin.edu/ohrwd/benefits/download/leave/fmla/uws82.pdf

Family Medical Leave Act Request and Forms If you are taking a WFMLA leave only – you should use the WFMLA Certification form to certify your own serious health condition. https://www.wisconsin.edu/ohrwd/benefits/download/leave/fmla/uws82a.pdf If you are taking leave to care for a family member, the family members health care provider must complete the Certification by Health Care Provider for a Family Member’s Serious Health Condition form. https://www.wisconsin.edu/ohrwd/benefits/download/leave/fmla/uws83.pdf

Family Medical Leave Act Request and Forms Likewise, if you are requesting leave for a Qualifying Exigency for Military Family leave, or for the serious injury or illness of a current service member or veteran for Military Caregiver leave, you must complete and submit the proper form. https://www.wisconsin.edu/ohrwd/benefits/download/leave/fmla/uws84.pdf https://www.wisconsin.edu/ohrwd/benefits/download/leave/fmla/uws85.pdf

Family Medical Leave Act Entitlement Leave Entitlement University Staff Employee: Based on calendar year. Faculty, Academic Staff and Limited Appointees: Based on a fiscal year. PLEASE NOTE: If leave is taken for a child, a child is defined as a son or daughter who is biological, adopted, a foster child, a stepchild, a legal ward or a child of a person standing in the loco parentis to the child. If you are in an in loco parentis relationship with a child, this means that you consider yourself to have a parental relationship to a child but you do not have a legal or biological relationship to the child.

Family Medical Leave Act Entitlement Leave Entitlement WFMLA Eligible employees are entitled to: Up to six weeks in a calendar for the birth or adoption of a child, to begin within 16 weeks of the birth or placement of that child (no more than one 6-week period per event). Up to two weeks in a calendar year to care for a child, spouse, domestic partner, or parent (including parents of your spouse or domestic partner) with a serious health condition. Up to two weeks in a calendar year for your own serious health condition.

Family Medical Leave Act Entitlement Leave Entitlement (cont’d) FMLA Eligible employees are entitled to: Up to twelve (12) weeks of leave in a calendar year for: the birth of a child and to care for the newborn child within one year of birth (no more than one 12-week period per event); the placement of a child for adoption or foster care with the employee and to care for the newly placed child within one year of placement (no more than one 12-week period per event). to care for the employee’s spouse, child, or parent who has a serious health condition. a serious health condition that makes the employee unable to perform the essential functions of his or her job;

Family Medical Leave Act Entitlement Leave Entitlement (cont’d) Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is a member of the active or reserve component of the Armed forces and is on covered active duty or has been notified or a call to activity duty in a foreign country or international water; or Up to 26 weeks of leave during a single 12-month period to care for a current military service member or eligible veteran* with a serious injury or illness if the employee is a service member’s or veteran’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Family Medical Leave Act Entitlement Leave Entitlement (cont’d) Leave provisions to care for an injured or ill military service member are based on a rolling 12 month schedule. *In order to be eligible to take an FMLA-covered leave to care for a veteran, the veteran must have been honorably discharged within the 5-year period before the family member first takes military caregiver leave.

Family Medical Leave Act And furthermore… Intermittent Leave: WFMLA or FMLA may be taken on an intermittent or reduced schedule basis. Substitution of Paid Leave: You may choose to take W/FMLA leave as paid or unpaid. Your benefits and continuous service will be uninterrupted regardless of how you take it. If you take your leave unpaid, you will still be responsible for the employee share of your premiums.

Family Medical Leave Act And furthermore…. Under WFMLA, you may elect to substitute any type of paid leave (e.g. vacation, sick leave or personal holiday), even if you are typically not allowed to use that type of leave. For example, under WFMLA, a parent can use six weeks of any type of paid leave, including sick, due to the birth of a child. This is not a valid reason to use sick under UW Policy, but since the leave is covered by WFMLA, you can use sick leave for this reason.

Family Medical Leave Act And finally… Under FMLA, you may elect to substitute leave only per the rules governing that leave. Any type of paid leave, except sick leave, can be used at any time during FMLA. Sick leave may only be used per UW policy under FMLA. When W/FMLA run concurrently, you may follow the leave substitutions provision under WFMLA. Example – an employee may not use sick leave to care for a new child under UW policy while using FMLA. However, if the employee qualifies for WFMLA and FMLA at the same time, the employee may use sick leave to care for a new child under the provisions of WFMLA. What’s the difference between sick leave and W/FMLA? Can you use FMLA for medical, dental, or vision appointment for you or a family member.

Family Medical Leave Act Prohibited Employment Actions Employers cannot: Interfere with, restrain or deny employees’ FMLA rights. Discriminate or retaliate against an employee for having exercised FMLA rights. Discharge or in any other way discriminate against an employee because of involvement in any proceeding related to FMLA. Use the taking of FMLA leave as a negative factor in employment actions.

Family Medical Leave Act Employer Responsibilities Employer Must: Return employee to same or equivalent job. Maintain group health plan benefits through the leave period (employer portion). Notify employee, in writing, within five days of having enough information to determine leave is FMLA-qualifying and of the amount of leave counted against entitlement. Allow retroactive designation provided that failure to timely designate does not cause harm to employee.

Family Medical Leave Act Employee’s Responsibilities Provide sufficient and timely notice of the need for leave: 30 days or sooner for foreseeable leave As soon as practicable for unforeseeable leave. Complete and return all appropriate paperwork. Specifically reference the qualifying reason or the need for FMLA leave for subsequent requests for same reason.

Family Medical Leave Act Employee’s Responsibilities Medical Certification for serious health condition: Must be submitted within 15 calendar days. Employer must identify any deficiency in writing and provide seven days to cure. Annual certification may be required. Employee responsible for any cost. IF EMPLOYEE FAILS TO MEET REQUIREMENTS, LEAVE MAY BE DENIED UNTIL INFORMATION IS RECEIVED.

FAMILY AND MEDICAL LEAVE Employee’s Responsibilities Employer (not employee’s direct supervisor) may contact health care provider to: Authenticate: Verify that the information was completed and/or authorized by the health care provider; no additional information may be requested. Clarify: Understand handwriting or meaning of a response; no additional information may be requested beyond what is required by the certification form. Second and third opinions (at employer’s cost) If employer questions validity of the certification, the employer may require a second opinion. If the first and second opinion differ, employer may require a third opinion that is final and binding.

FAMILY MEDICAL LEAVE ACT Employee’s Responsibilities For an employee’s own serious health condition, employer may require “Fitness-for-Duty” certification that employee is able to resume work (same job or similar job). Employee must respond to employer’s request for information about status and intent to return to work.

Family Medical Leave Act For further information on FMLA/WFMLA, please see the links below: The information along with forms and publications: https://www.wisconsin.edu/ohrwd/benefits/leave/fmla/ The University of Wisconsin UPS Operational Policy: https://www.Wisconsin.edu/ohrwd/download/policies/ops/bn4.pdf

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