FMLA What You Need To Know Brevard Public Schools Compensation & Benefits February 16, 2009

F M L A Family Medical Leave Act The act of 1993 allows an eligible employee of a covered employer to take job-protected leave for up to a total of 12 work weeks in any 12 mos for:  Adoption & Foster Care  Birth of a Child  Care of a Family Member  Employee’s Own Serious Health Condition

FMLA Military Family Leave The act of 2008 provides an eligible employee of a covered employer military family leave related to military service to take 12 weeks in any 12 months of job protected leave.

Reason for Military Family Leave Eligible EE are entitled to up to 12 weeks of leave because of ”any qualifying exigency” arising out of the fact that a spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status in support of a contingency operation.

Qualifying Exigencies  Attend military events  Arrange for alternative childcare  Address certain financial and legal arrangements  Attend certain counseling sessions  Attend post-deployment reintegration briefings

Military Leave Entitlement An eligible employee who is the spouse, son, daughter, parent, or next to kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled up to 26 weeks of leave in a single 12-month period to care for the service member. The 26 weeks is a combined total of all types of FMLA leave.

Eligibility An eligible employee is entitled to 12 work weeks of job protected leave during any 12-month period for a qualifying FMLA reason. AN EMPLOYEE MUST MEET ALL 4 ELIGIBILITY REQUIREMENTS:  12 Months of Service (does not have to be consecutive)  1250 Actual Hours Worked preceding the date of leave  Exception to 1250 actual hours (teachers must have worked at least one full semester)  Must have FMLA Hours Available to use  Request must be certified by a health care provider

FMLA as A Benefit Brevard Public Schools provides for 60 days:  Board-Paid Medical Contributions  Board-Paid Employee Vision Contributions  Board-Paid 1 times Life Insurance Contributions

FMLA As a Benefit Neither the employee or the employer can “Waive,” “Save,” or “trade off” their rights under FMLA. Neither the employee or the employer can “Waive,” “Save,” or “trade off” their rights under FMLA. FMLA now runs concurrently with: FMLA now runs concurrently with: –Workers Compensation –Sick Pay and Sick Bank Pay –Paid Time Off options to also include personal charged to sick, vacation, and administrative pay.

What Is A Serious Health Condition? A Serious Health Condition is any medical condition that makes a person unable to perform the essential functions of their job.  Hospital Care  Absence Plus Treatment  Pregnancy  Chronic Conditions Requiring Treatment  Permanent/Long Term Conditions Requiring Supervision  Multiple Treatments (Non-Chronic Conditions)

FMLA Types  Intermittent FMLA  Recurring in scattered and irregular or unpredictable instances. Occurring occasionally, having no pattern or order in time.  Consecutive FMLA  Regular succession without interruption. More than 3 calendar days with no break in time.

12-Month Calculation An eligible employee is entitled to 12 work weeks of job protected leave during any 12-month period for a qualifying FMLA reason. Brevard Public Schools performs the 12-month calculation by using the:  Rolling 12 Month Period Measured Backward from a Leave Event

Who’s Responsible? The Employer is responsible for designating time off work as FMLA and informing Employees of their rights under FMLA. The Employee is responsible for the completion of the Medical Certification to be given to the Employer.

When To Refer An Employee To File For FMLA  Absences due to a medical reason or family care  Continued absences for the same reason or condition  Continued absences to care for a qualifying family member member  Multiple doctor visits or treatment  Anything you suspect that may fall under the definition of a serious health condition  Military Leave “Qualifying Exigency”

Successful FMLA Management  Know what questions to ask an employee requesting a leave  Have a consistent policy for FMLA application  Have a set timeline for the medical certifications to be returned  Review the medical certification form and if not complete, require completion  Remain in contact with the employee  Be consistent with all employees  Continue FMLA training to all site administrators

Questions? Thank you for the time out of your day and for your attention. Visit Our websitehttp://benefits.brevard.k12.fl.us/HR/LOA/LOAHome.htm for Leave Forms and Information Compensation & Benefits Leave Management Team