FAMILY MEDICAL LEAVE ACT - FMLA Ben Anderson, Leave Administration Manager Robert Guarneri , Associate Director

GOALS IMPROVE COMMUNICATIONS BETWEEN HR AND UNIVERSITY DEPARTMENTS REGARDING FMLA INCREASE EMPLOYEE AWARENESS CONCERNING THEIR RIGHTS AND RESPONSIBILITIES IN REGARDS TO FMLA IMPROVE THE NUMBER OF LEAVE REQUESTS SUBMITTED WITHIN THE REQUIRED TIMELINES REDUCE THE ISSUES THAT CAN CONTRIBUTE TO DELAYS AND HARDSHIPS THAT THE EMPLOYEE MAY EXPERIENCE.

The Purpose of FMLA Our objective for today is to Assist employees in balancing work demands and family needs under certain circumstances. Allow leaves to be granted on a gender-neutral basis. Promote the national interest of preserving family integrity. Allow employees to take such leave in a manner which accommodates the legitimate BEST interests of the employer. Our objective for today is to 1.) understand the purpose of FMLA, 2.) understand the types of FMLA leave available, 3.) understand the department/supervisor’s liability and responsibility, 4.) understand the possible penalties and, 5.) understand how to make a Request for a Leave of Absence – 3 steps - from the employee to the department to HR Leave Coordinator

What is FMLA Federal Law first instituted in 1993 All UCF employees who have been employed for one year and have worked a minimum of 1250 hours are eligible Provides employees up to 12 weeks or 480 hours of unpaid, job protected leave per fiscal year Designed to be used for specific serious health conditions. Fiscal year – runs from July 1 – June 30

FMLA Also includes Military Family Leave for qualifying exigencies and Injured Service Member Care Leave Anything directly arising from the military member’s deployment, such as: 1. Official ceremonies, 2. Family Support and Assistance Program Activities 3. Military Informational meetings/briefings 4. Pre-deployment briefings and events.

FMLA DEADLINES There are two mandatory federal deadlines required for employers to meet regarding FMLA Processing: 1. The “Notice” - 5 days FMLA Notification of Eligibility Notify HR by Phone or email 2. The “Request” - 5 days Approval or Denial of Leave Request

First Five Day Notice Period EE provides NOTICE to Department Day One Department must notify HR within 24 hours Day Two HR must determine eligibility and send notification letter and forms Day Three, Four, Five This completes the First Five Day “Notice” Period EE has 15 days from date of letter to provide supervisor the Medical or Parental Leave request and Certification of HealthCare Provider, Deadline date is in the letter.

Second Five Day Request Period EE must complete a Request for Leave & provide a Certification of HealthCare Provider form to Supervisor Day One Department must review, obtain signatures & submit forms to HR within 24-48 hours of receipt from employee Day Two, Three HR must review, calculate benefits, deal with any issues, approve or deny & send approval or denial letter Day Four, Five This completes the Second Five Day “Request” Period EE and Department are given all details and requirements to fulfill in the Approval letter and should adhere to deadline dates provided. Please make sure to emphasize that if an employee wants their medical information to remain confidential, they can forward their Certification of Health Care Provider directly to Human Resources.

How can UCF be Liable for Failure to Meet FMLA Guidelines? Failure to notify employee of rights Poor recordkeeping Denying or interfering with leave Failure to restore to a similar position Discipline/Discharge in retaliation for requesting leave Monetary Penalties can be imposed for failure to meet FMLA guidelines.

FMLA Protection for the Employee FMLA absences CANNOT be counted against the employee for attendance or disciplinary purposes.

FMLA Protection for UCF The University is not required to grant more than 12 weeks or 480 hours of unpaid leave per fiscal year.

Who Represents UCF as the Employer? The employer is defined as one who acts, directly or indirectly, in the interest of the employer. UCF Specific: Vice Presidents, Deans, Chairs, Directors, Supervisors, Department Managers, Payroll Processors, Office Managers, et al. If not properly managed, there is potential exposure for litigation. Nearly anyone can be considered the employer if they have knowledge of an employee’s leave stuff.

When Should an Employee Request a Medical Leave University Procedure requires an employee who is out more than 10 days to request a Leave of Absence.

QUICK RECAP FMLA Notification of Eligibility 1. The “Notice” - 5 days FMLA Notification of Eligibility Notify HR by email or by phone 2. The “Request” - 5 days Approval or Denial of Leave Request 3. Required Forms Medical or Parental Leave Request Form Certification of Health Care Provider Form Intent to Return to Work and Medical Release Form

FMLA SEMINARS FMLA TOOLKIT FOR SUCCESS MOM AND ME SEMINARS ONE HOUR SEMINAR FOR SUPERVISORS AND PROCESSORS ONE HOUR SEMINAR FOR MANAGERS MOM AND ME SEMINARS PARENTAL LEAVE SEMINAR

FMLA Toolkit Employee Rights and Responsibilities Medical or Parental Leave Request Form Certification of Health Care Provider for Employee’s Serious Health Condition Certification of Health Care Provider Form for a Family Member with a Serious Health Condition Intent to Return to Work and Medical Release Form Medical Leave Checklist Parental Leave Checklist FMLA Tracking Log Leave Audit Form Military Leave Procedures Once you receive the Approval/Denial Letter, you should have all the information you need for your employee during and when returning from you leave! We include Payroll Processing information, Return from leave instructions, and any paperwork necessary to extend the leave.

Questions?