Family Medical Leave Act (FMLA) and Vermont Parental and Family Leave Act (VPFLA) SBSD 5/16

FMLA and VPFLA The District will provide employee leave in accordance with the Family Medical Leave Act (FMLA) and the Vermont Parental and Family Leave Act (VPFLA). FMLA/VPFLA provides unpaid, job-protected leave for eligible employees for specified family and medical reasons. Where the laws differ, the District shall follow the law that provides the greatest benefit to the employee. When applicable, all time granted under FMLA/VPFLA will run concurrently with any other paid or unpaid leave. FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.

Family Medical Leave Act Vermont Parental and Family Leave Act (VPFLA) Eligibility Family Medical Leave Act (FMLA) Vermont Parental and Family Leave Act (VPFLA) Worked in the District for twelve (12) months and worked at least 1,250 hours in the prior twelve (12) months. FMLA does not include paid sick or vacation time taken during the year when calculating eligibility. Worked in the District for at least twelve (12) months prior to the leave. Worked thirty (30) hours or more per week in the prior twelve (12) months. VPFLA does include paid sick and vacation time taken during the year when calculating eligibility.

Calculating Eligibility Family Medical Leave Act (FMLA) Vermont Parental and Family Leave Act (VPFLA) A “rolling” look-back method is used to calculate the 12-month period. The previous 12 months (from the date of the request) are reviewed and all FMLA time the employee has used during the previous 12 months is added up and subtracted from the employee’s 12-week leave allotment to determine available FMLA leave time.  The average number of work hours per week is determined by adding all hours worked (plus paid sick and vacation time taken during the year) and divided by 52 (the number of work weeks in a calendar year.)

Qualifying Reasons for Leave (FMLA) Unpaid Parental or Family Leave under FMLA: An eligible employee is entitled to twelve (12) workweeks of leave in a 12-month period for: Incapacity due to pregnancy, prenatal medical care, or childbirth; To care for the employee’s child after birth, or placement for adoption or foster care; To care for an employee’s spouse, son, daughter, or parent, who has a serious health condition; For a serious health condition that makes the employee unable to perform his/her job; Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Qualifying Reason for Leave (FMLA) Military Caregiver Leave Twenty-six (26) work weeks of leave during a single twelve (12) month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin.

Qualifying Reason for Leave (VPFLA) Unpaid Parental or Family Leave under VPFLA: An eligible employee is entitled to twelve (12) workweeks of leave in a twelve (12)month period for: For a serious illness of the employee, or employee’s child, stepchild, foster child, ward (a child who lives with the employee), parent, parent of the employee’s spouse, or spouse; Birth or adoption of the employee’s child; or To care for the employee’s newborn child (up to 12 months old) or to care for the employee’s newly adopted child (under age16) within the first year after placement.

Short-Term Family Leave (VPFLA) A short-term family leave benefit for eligible employees is allowed for up to four (4) hours in any 30-day period and not to exceed 24 hours in any 12-month period. The leave must be taken in a minimum of two-hour segments. Employees shall make a reasonable attempt to schedule appointments for which leave may be taken outside of regular work hours. At least seven (7) days notice must be provided unless it is an emergency.

Short-Term Family Leave (VPFLA) Eligible employees may use a short-term family leave benefit for any of the following reasons: To participate in preschool or school activities (such as a parent teacher conference) directly related to the academic educational advancement of the employee's child, stepchild, foster child, or ward who lives with the employee.  Respond to a medical emergency or participate in routine medical or dental appointments involving the employee’s child, (or step child, foster child or ward who lives with the employee), parent, spouse, or parent-in-law.  Routine medical or dental appointments or other professional services related to his/her well-being.

Serious Health Condition Vermont Parental and Family Leave Act (VPFLA) Family Medical Leave Act (FMLA) Illness, injury impairment, or physical or mental condition involving incapacity or treatment connected with inpatient care in hospital, hospice, or residential medical care facility, or, Continuing treatment by a healthcare provider involving a period of incapacity: requiring absence of more than three (3) consecutive days from work, An accident, serious illness, disease, or mental condition that: poses imminent danger of death, requires inpatient care in a hospital, or requires continuing in-home care under the direction of a physician.

Serious Health Condition (continued) Family Medical Leave Act (FMLA) due to a chronic or long-term condition for which treatment may be ineffective, absences to receive multiple treatments (including recovery periods) for a condition that if left untreated likely would result in incapacity of more than 3 days, due to any incapacity related to pregnancy or for prenatal care.

Family Medical Leave Act Vermont Parental and Family Leave Act Intermittent Leave Family Medical Leave Act (FMLA) Vermont Parental and Family Leave Act (VPFLA) Permitted for serious health conditions when medically necessary. Not permitted for care of newborn or new placement by adoption or foster care. No specific provision, but short-term family leave requires the employee to make reasonable attempt to schedule appointments outside regular work hour and to provide earliest possible notice.

Employee Responsibilities Eligible employees must: Provide sufficient information for the employer to determine if the leave may qualify for FMLA/VPFLA and the anticipated timing and duration of the leave. Inform the employer if the requested leave is for a reason for which FMLA/VPFLA was previously taken or certified. Provide a medical certification and periodic recertification supporting the need for a leave. Provide a medical certification to demonstrate the employee’s fitness to return to work.

Family Medical Leave Act Vermont Parental and Family Leave Act Leave Requests Family Medical Leave Act (FMLA) Vermont Parental and Family Leave Act (VPFLA) Must be made by the employee at least thirty (30) days prior to the date of leave, or where not foreseeable, as soon as practicable. For a planned medical treatment for intermittent leave, the employee, subject to provider’s approval, shall make reasonable effort to schedule so that it does not unduly disrupt employer’s operation. Must be made by the employee with reasonable written notice. For adoption placement or birth, employer may not require more than six (6) weeks advance notice. For short-term leave, employees must provide at least seven (7) days notice before taking a leave, unless it is an emergency.

Health Care Provider Note Eligible employees may be required to provide medical certification: To request a leave for a serious health condition To demonstrate fitness to return to work from a medical leave. Healthcare provider authorized to provide medical certification includes: Doctors of medicine or osteopathy authorized to practice medicine or surgery. Providers who are authorized to practice under state law and consistent with the scope of their authorization. An authorized person who practices medicine or surgery in a country outside of USA. As recognized by the health plans benefit manager.

Benefit Coverage During Leave Vermont Parental and Family Leave Act (VPFLA) Family Medical Leave Act (FMLA) Benefit coverage will continue at the level and under the conditions extended to them, as they would have as an active employee. FMLA does not require the continued accrual of seniority or other earned benefits (i.e.: sick or vacation time) during leave periods; however, employment benefits accrued prior to the date the leave began cannot be lost. Benefit coverage at the level and under the conditions extended to them, as they would have as an active employee. VPFLA does not require the continued accrual of vacation and sick leave hours for unpaid hours taken for short-term or long-term family or parental leave. The employee fails to return to work after a leave, the employee may be liable for 100% of the health insurance premiums paid by the District during the employee’s leave as long as the decision not to return to work is unrelated to the continuation or onset of a serious medical condition.

Benefit Coverage During Leave (continued) Family Medical Leave Act (FMLA) If the employee fails to return to work after a leave, the employee may be liable for 100% of the health insurance premiums paid by the District during the employee’s leave as long as the decision not to return to work is unrelated to the continuation or onset of a serious medical condition.

Steps in the FMLA/VPFLA Process 1. Notify your supervisor for the need for a leave. AESOP may be used. 2. Provide a healthcare provider’s note to the Benefit/Payroll Coordinator in the Business Office. 7. Employee returns to work. 6. Employee provides a fit for duty for medical leaves. 5. Business Office can help with questions, concerns, or a need to modify the leave. 4. Employee takes leave. 3. FMLA/VPFLA notification of eligibility, if applicable, will be sent to the employee.

For More Information: For more information contact Missy Pidgeon, Benefit/Payroll Coordinator SBSD Business Office. mpidgeon@sbschools.net or 652-7051 Website Resources: FMLA: www.dol.gove/whd/fmla VPFLA: http://women.vermont.gov/sites/women/files/pdf/Parental_Family_Leave_Guide.pdf