Understanding FMLA &ADA Laws, Policies and Practices at FGCU

What is FMLA? Family and Medical Leave Act of 1993 Federal law that requires employers to provide employees job-protected leave for qualified medical and family reasons

Purpose of the Law Balance work and family life Promote economic security of families and serve national interest in preserving family integrity

Employee Eligibility Worked at least 12 months Worked at least 1,250 hours during the 12 months before leave begins Independent contractor working on the university’s premises are excluded.

Qualifying Leave Reasons 12 Workweeks of leave: Birth or placement of a child for adoption or foster care within one year To care for a spouse, child or parent with a serious health condition For the employee’s own serious health condition Because of a qualifying exigency arising out of active duty status of a covered military member who is the spouse, child, parent or next of kin If both spouses work for the same employer they can only use a combined total of 12 weeks for the same event. (ie. Birth of child)

Qualifying Leave Reasons 26 Workweeks of leave: To care for a “covered servicemember” with a serious injury or health condition Servicemember is a member of the Armed Forces including National Guard or Reserves Eligible to care for spouse, son, daughter, parent, or “next of kin”. Next of kin can be other family member including brother, sister, grandparent, etc.

Definitions Child: Biological, adopted, step- or foster child of a person in loco parentis who is under the age of 18, or 18 years or older and incapable of self care because of mental or physical disability. A child who is an active servicemember can be of any age. In loco parentis: The individual who has had day-to-day responsibility for the child.

Definitions Spouse: A husband or wife as defined by state law. Parent: Biological, adoptive, step-, or foster care mother or father or someone who stands or stood in loco parentis to the employee when the employee was under age 18. Does not include parent-in-law.

Definitions Serious Health Condition: Illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider

Definitions Continuing treatment: Period of incapacity of more than 3 days plus treatment by healthcare provider twice, or once with continuing regimen of treatment Period of incapacity related to pregnancy or prenatal care Period of incapacity or treatment for a chronic serious health condition Period of incapacity for permanent or long-term conditions Period of incapacity to receive multiple treatments for restorative surgery, or a condition which would likely result in incapacity of more than 3 consecutive days

Definitions Qualifying Exigency: arises out of the fact the employee’s spouse, son, daughter, or parent is a military member called to active duty Allows time to prepare for duty – childcare and school activities, military events and activities, etc.

Definitions Care of a Covered Servicemember: to care for a “covered servicemember” with a “serious injury or illness.” (26 weeks) Incurred in line of active duty rendering member medically unfit or a serious injury or illness that existed before active duty and was aggravated in the line of duty Covers spouse, son, daughter, parent, or next of kin

Amount of Leave Employee’s workweek is basis for entitlement Leave may be taken intermittently or on a reduced leave schedule shortest increment of leave is one hour

Intermittent/Reduced Leave Employee is entitled to take intermittent leave for: Employee’s or qualifying family member’s serious health condition when medically necessary Covered servicemember’s serious injury or illness is medically necessary Qualifying exigency due to call to active duty status

Intermittent/Reduced Leave “Intermittent” is leave taken in separate blocks of time due to a single qualifying event. “Reduced Leave” is a schedule that reduces an employee’s usual number of working hours per work week or hours per work day. Only intermittent leave taken is counted toward 12 week entitlement. Employee must indicate that the absence is related to the approved FMLA

Use of Paid Leave FMLA leave is unpaid however: The University leave policies require employees to use accrued sick , annual, compensatory and personal leave concurrent with the unpaid FMLA leave. All paid leave must be used before requesting unpaid leave. Must submit leave slips or if scheduled, HR may notify payroll the amount of time required to be used each pay period.

Employee Responsibilities Provide sufficient and timely notice of the need for leave 30 days or as soon as practicable Provide medical certification to support need for leave Submit within 15 days Provide periodic status reports if needed Notify employer about status and intent to return to work Provide fitness for duty certification if needed Employer may require certification that employee is physically and mentally ready to return to his/her job

Employer Responsibilities Provide a general notice – poster outside HR and other public areas, contracts, employee handbook, distributed to new employees Provide notice of eligibility within 5 days of receipt of request Provide reason if employee is not eligible

Employer Responsibilities Maintain employee’s group health benefits throughout the 12 weeks on the same terms and conditions as if the employee were continuously employed (same rates as actively employed) Restore employee to same or equivalent job (pay, benefits, and terms and conditions)

Leave Process at FGCU Action Timing Employee - Request leave from HR Within 30 days of leave or as soon as practicable Employer – HR will send you Notice of Eligibility and Rights Medical Certification Rights and Responsibilities Notice Within 5 days of having enough information to determine if leave is FMLA-qualifying Employee – Return completed Medical Certification or notice of deployment Within 15 days

Leave Process at FGCU Action Timing Employee - Notify HR if leave dates change As soon as event occurs Employee – Notify HR when returning to work or if extension is required Within a week of expected return Employee – Bring in Fitness for Duty form from treating physician indicating employee can perform essential duties of the job Date of return or before Employer – Will work with employee to determine other leave options if required, Sick Leave Pool, etc. As soon as needed

SLP and Leave Donations cannot exceed 480 hours combined Other Leave Options Medical Leave – to be used when not eligible for FMLA Can be paid or unpaid if sick leave is not available Sick Leave Pool – If employee uses all available accrued leave, they may be eligible for hours from the pool (if enrolled) Personal Leave Donations – If employee uses all available accrued leave, may be eligible to receive donated hours from other employees SLP and Leave Donations cannot exceed 480 hours combined

Sick Leave Pool Employees eligible to join the pool after 1 year service + 64 sick hours balance To enroll, must contribute 8 hours to pool (notified when eligible to join by HR) If on an approved leave, may request up to 160 hours (4 weeks) Additional requests may be made to maximum of 480 hours (If max used, must rejoin next enrollment period) Unused balances to be returned to pool To be used for employee illness only

Personal Leave Donations Employee must be on an approved leave and have used all accrued paid leave Hours may be donated by other employees in increments of 8 hours. May be annual or sick leave hours. Recipient cannot receive more than 480 hours/year including SLP hours. Unused balance will be credited to SLP May be used for employee illness or to care for family member (as defined by FMLA)

FMLA and ADA American with Disabilities Act (ADA) Federal law that requires employers to not discriminate against individuals with a disability Provides reasonable accommodations to employees who are qualified for the job Reasonable accommodations should allow employee to perform essential job duties

FMLA and ADA FMLA and ADA often overlap FMLA covers “serious health condition” Illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. ADA covers “disability” Substantial limitation impacting one or more major life activities (walking, standing, seeing, hearing, learning, concentrating, interacting with others) FMLA approved health condition may not always be a disability

FMLA and ADA The ADA requires “reasonable accommodation” for mental and physical disabilities unless it would create an undue hardship. Individuals must still be able to perform the essential functions of the job, with or without the reasonable accommodation. Leave may be required if it would constitute a reasonable accommodation that doesn’t impose an undue hardship on the employer. Leave would be unpaid unless employee has available paid time to cover unworked hours. Examples are part time or modified work schedules.

FMLA and ADA Undue hardship: accommodation would be unduly costly, disruptive, substantial, or would fundamentally alter the nature or operation of the business. Qualified individuals with a disability may require reasonable accommodations beyond the 12 week FMLA entitlement and is typically given once the individual returns to work.

Process for Requesting ADA Accommodations Individual will complete the Employee Request form and have medical evaluator complete the Medical Certification Form. Once the documentation is complete, the individual will meet with the University ADA Coordinator for review of request. The ADA Coordinator will connect with the individual’s supervisor for discussion and implementation of the reasonable accommodation. Further accommodation requests, or change in medical circumstance, will require the individual to re-start the accommodation request process.

Thank you Camilla Hall Leave Coordinator, Human Resources Cori Bright-Kerrigan Director, Adaptive Services