What is the Family and Medical Leave Act? Family Medical Leave is a Federal benefit provided to eligible employees. A 1993 Federal Act which provides: up to 12 work weeks of unpaid, job-protected leave maintenance of pre-existing health benefits Enforced by the Department of Labor 11/11/2018 Staff & Labor Relations

Staff & Labor Relations Eligibility for FMLA 12 months service with Duke (need not be consecutive) Must have worked at least 1,250 hours in the previous 12 month period 11/11/2018 Staff & Labor Relations

Staff & Labor Relations When does FMLA Apply? Birth of a child Placement of an adopted or foster child (must be taken within 12 months of placement) Care of a child, parent, spouse or registered same-sex spousal equivalent with a serious health condition Serious health condition of staff member Birth of a child- Leave to care for a newborn child must be taken berfore the end of the first 12 months following date of birth. Adoption or foster care- Leave must be taken before the end of the first 12 months following the placement. The Act relates only to the actual placement with the eligible employee of an adopted or foster child. The act of providing foster care in and of itself is not a qualifying event. The legislation deals with such families by tying the availability of “parental” leave to the birth, adoption, or serious health condition of a s “son or daughter: and then defining the term “son or daughter” to mean a”a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. Parent is defined as a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child. 11/11/2018 Staff & Labor Relations

Serious Health Condition Inpatient care (overnight stay) Incapacity more than 3 calendar days involving continuing treatment Incapacity due to pregnancy or for prenatal care Incapacity due to chronic serious health condition Receiving multiple treatments for condition which, if untreated, would result in incapacity of more than 3 calendar days 11/11/2018 Staff & Labor Relations

Examples of Serious Health Conditions Heart attack Stroke Severe respiratory conditions Cancer Childbirth and prenatal care/exams Asthma Diabetes Lupus Epilepsy Mental illness Back conditions requiring therapy Severe arthritis WC Injuries 11/11/2018 Staff & Labor Relations

What is a Health Care Provider? Health care professional who is accepted by the employer and the health insurance provider: Examples: podiatrists, dentists, clinical psychologists, optometrists, nurse practitioners, physicians, physician assistants, social workers, chiropractors 11/11/2018 Staff & Labor Relations

Medical Certification Personal Illness: confirmation that medical condition requires absence from work duration of leave Illness of Spouse, Child or Parent: confirmation that medical condition requires attendance of staff member as caregiver FMLA information should be kept in a separate file from the personnel file 11/11/2018 Staff & Labor Relations

Verifying FMLA Reasons If Medical Certification is clear, approve (e.g. pregnancy) If unsure if FMLA applies: consult EOHWS who can either assess reason and/or consult staff member’s health care provider. Supervisor should not contact health care provider. consult Staff and Labor Relations 11/11/2018 Staff & Labor Relations

Staff & Labor Relations Leave Options Consecutive for 12 weeks Intermittent Full-time leave for less than 12 weeks Reduced schedule by decreasing number of hours in workday or workweek Irregularly based on medical needs, caregiver demands, appointments, etc NOTE: Paternity & adoption leave may not be taken intermittently 11/11/2018 Staff & Labor Relations

Can FMLA be applied Retroactively? Only if: supervisor learns of reason for FMLA after staff member returns to work, OR supervisor tentatively designated FMLA and is awaiting medical certification when staff member returns 11/11/2018 Staff & Labor Relations

FMLA & Attendance Policy Absences qualifying under FMLA cannot be counted as occurrences To ensure attendance policy is not invoked: Staff members must inform Supervisor of intent to use FMLA 30 days prior to leave or as soon as possible but no later than within 2 days after returning to work Notification must be provided in accordance with department/unit policies and procedures notice "as soon as practicable" when the need to take FMLA leave is not foreseeable ("as soon as practicable" generally means at least verbal notice to the employer within one or two business days of learning of the need to take FMLA leave); sufficient information for the employer to understand that the employee needs leave for FMLA-qualifying reasons (the employee need not mention FMLA when requesting leave to meet this requirement, but may only explain why the leave is needed); and, where the employer was not made aware that an employee was absent for FMLA reasons and the employee wants the leave counted as FMLA leave, timely notice (generally within two business days of returning to work) that leave was taken for an FMLA-qualifying reason. 11/11/2018 Staff & Labor Relations

Staff & Labor Relations Processing FMLA Staff member completes Leave of Absence Request form and returns it to the supervisor/manager with the appropriate supporting documents Supervisor/manager reviews documents and determines: eligibility absence is a qualifying event Leave forms (request and hcp certification form) are on web http://www.hr.duke.edu/hrprocesses/leave.html 11/11/2018 Staff & Labor Relations

Staff & Labor Relations Processing FMLA Once leave request is approved: supervisor/manager maintains the health care provider certification or supporting documents and the Request for Leave of Absence in a secured and confidential file. supervisor/manager sends a copy of the approved Leave Request Form to department payroll representative department payroll representative will complete the Payroll Leave of Absence form and send both the copy of the the Payroll Leave of Absence form to Corporate Payroll. 11/11/2018 Staff & Labor Relations

Staff & Labor Relations Processing FMLA If there is no department payroll representative, the department supervisor/manager will complete the Payroll Leave of Absence form and send both the Payroll Leave of Absence form and a copy of the Request for Leave of Absence form to Corporate Payroll. If the department is in the DUHS, the payroll representative or the department must notify Corporate Payroll karen.poole@duke.edu to enter LOA into the ReporTXpress system. 11/11/2018 Staff & Labor Relations

Staff & Labor Relations Record Keeping Supervisor/Department must keep track of time taken especially important for intermittent leave which may be taken in hours Part-time staff members: available leave is pro-rated based on normal work schedule 11/11/2018 Staff & Labor Relations

Staff & Labor Relations FMLA Resources Reference Materials: FMLA Policy, Personnel Policy Manual B-94 Leave Forms: http://www.hr.duke.edu/hrprocesses/leave.html Policy Interpretations: Staff & Labor Relations 684-5557 Medical Certification Advice: Employee Occupational Health & Wellness Service 11/11/2018 Staff & Labor Relations