Family Medical Leave Act

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Presentation transcript:

Family Medical Leave Act FMLA Auburn University March 7, 2019

Is intermittent FMLA leave allowed for birth, adoption, or foster of child? Intermittent leave may be taken for the birth or adoption of a child or placement with employee of a child for foster care if approved by the employee’s direct supervisor and may not extend beyond 12 months after birth, adoption or placement of a child for foster care.

Do you count University holidays as FMLA leave day? No, when the university is closed due to a holiday or inclement weather, holiday pay or weather pay will apply. The days absence from work will not be counted as FMLA.

Can you designate FMLA for an employee that does not provide documentation? Employees should always be strongly encouraged to apply for FMLA when out for more than three days with a serious health condition for parent, spouse, child or for employee. Auburn University provides eligible employees Job-Protected leave for specified family and medical reasons in accordance with the Family and Medical Leave Act of 1993. Yes, a discussion with the HRL Liaison, Employee Relations and the Benefits Coordinator takes plan if employee doesn’t submit documentation prior to assigning FMLA.

Can you go back and designate FMLA leave for someone after the fact Can you go back and designate FMLA leave for someone after the fact? If so, how is this communicated with the employee? The university expects a 30 day notice of all types of FMLA leave if the leave is foreseeable. For the unforeseen circumstances, the University expects as much notice as practicable. The university will designate FMLA once the medical certification is completed by doctor, past and present time. Benefits Coordinator will designate leave and will send designation notice to the HRL and the employee.

Can you take sick before annual or can the employee choose? Employees may utilize any earned sick, annual or compensatory leave at the onset of FMLA leave in accordance with established leave policy. However, employees must use all accrued sick leave time before going into leave without pay status. The use of all accrued leave (to include, Auburn University’s On-Job Injury Program or Salary Continuation Plan) will run concurrently with FMLA and will not extend the duration of FMLA beyond 12 weeks.

If both (husband and wife) work at Auburn, are both allowed 12 weeks of FMLA? Can employees take at different times? If both spouses are eligible employees of Auburn University, they are each entitled to up to 12 weeks in a rolling calendar year for the birth of a child or to care for newly born child or for placement of a child for adoption. Employees may take at same time or different times within the 12 month rolling year

In cases of intermittent FMLA leave, is the time taken as a full day, hour or 15 minute increments? FMLA time follows the payroll practice of taking time in 15- minute increments.

Does Auburn administer and practice FMLA in the same way for faculty and staff? Auburn University provides eligible employees job- protected leave for specified family and medical reasons. An employee who has been employed by the University for at least 12 months and worked at least, 1,250 hours during the 12-month period preceding the request for leave is eligible for FMLA. This policy is administered in accordance with the Family and Medical Leave Act of 1993 and all other applicable federal and state laws.

Does Auburn cover adult children under FMLA as caring for a family member? Yes Child is defined as: A biological, adopted, foster child, stepchild, legal ward, child of person standing in loco parentis for someone who is under 18 or who is 18 or older and incapable of self care because of a mental or physical disability.

Questions or Comments https://sites.auburn.edu/admin/universitypolicies/Policies/FamilyMedicalLeaveActPolicy.pdf https://www.auburn.edu/administration/human_resources/employee_relations/fmla.html www.auburn.edu/administration/human_resources/FMLA.docx Debra Walters |Employee Benefits Auburn University | Human Resources 1550 E Glenn Avenue Auburn University, AL 36849debr (o) 334.844.1779 (f) 334-844-1799 dlw0050@auburn.edu LG140E Family and Medical Leave Act