FMLA April 2014

What is FMLA FMLA stands for The “Family Medical Leave Act” 1993 Federally mandated leave Enforced by D.O.L

Why FMLA, I have lots of sick time? Where medical care is provided you must show proof Sick hours are to be used in accordance with State Law Short Term Disability Insurance

Who qualifies for FMLA? An employee who has: 12 months of service (this does not have to be consecutive) AND WORKED 1,250 hours in previous 12 months, not just paid 1250 hours

What Qualifies as FMLA? Care for a child following –Birth, Adoption, or Foster Care (Leave must conclude within 12 months of the birth or placement.) Care for the Serious Health Condition of the employee’s –Spouse/Certified Domestic Partner –Parent/or individual who stood in loco parentis –Child under the age of 18, or 18 and older and “incapable of self-care because of a mental or physical disability” Employee’s Own Serious Health Condition

What Qualifies as FMLA Cont’d? Watch for more than 3 consecutive days off Military Family Leave: –The FMLA also provides certain military family leave entitlements. –26 weeks

Serious Health Condition Means an illness, injury, impairment, or physical or mental condition that involves: –INPATIENT HOSPITAL CARE –PREGNANCY: Any period of incapacity due to pregnancy, or for prenatal care. –CHRONIC CONDITION REQUIRING TREATMENTS (e.g. asthma, diabetes, etc.)

Serious Health Condition –PERMANENT/LONG-TERM CONDITIONS REQUIRING SUPERVISION (e.g. Alzheimer’s, a severe stroke, or the terminal stages of a disease) –MULTIPLE TREATMENTS (NON-CHRONIC CONDITIONS) (e.g. cancer, severe arthritis, or kidney disease)

ONE Condition per Certification

FMLA- Advance Notice Foreseeable –30 days advanced notice unless there are extenuating circumstances shown to exist. Unforeseeable –5 calendar days or –As soon as practicable –Will be denied if rec’d more than 15 calendar days after release date unless extenuating circumstances can be proven to exist.

Full-Time FMLA Full-time FMLA: –The employee is required to present a release to return to work note from their treating physician prior to returning to work for all fulltime leaves for themselves.

Intermittent FMLA Intermittent FMLA: Employees MUST follow the proper call-in procedure, unless extenuating circumstances are present, e.g. unconscious. Multiple FMLA One bucket Hardest to administer

FMLA Administration The employer may request a second opinion (at the employer’s expense – Dept. pays this cost). A third opinion COMMUNICATE – First line of defense Paperwork Investigations Denials

Job Restoration Off 12 weeks or less: –Same job with no loss of service Off more than 12 weeks, but less than 6 months: –Same job with no loss of service unless in unpaid status, then same position if available, or similar position.

Job Restoration An employee is not entitled to former or equivalent position if a reduction in work force/layoff occurs while on leave if employee would have otherwise lost their job if no leave had been taken

BENEFIT CONTINUATION: Benefits cannot be cut unless nonpayment of employee cost. Employee/Employer Premium share continues to be the same as when working.

SUPERVISOR RESPONSIBILTY If an employee has been off for MORE than 3 consecutive work days, NOTIFY Human Resources so the appropriate paperwork can be sent. Track employee’s usage of time, not only FMLA. Theft in office FMLA - note which one is being used No Holiday pay if in unpaid status.

SUPERVISOR RESPONSIBILITY CONT’D MC – ALL FMLA or approved medical leave off is to be reported on paper absence reports. If they don’t do it then the department needs to. Notify employee that they will need to apply for a medical leave and until notified by HR that they have, they will be pointed where applicable. In order to use sick hours they need to. Do not ask the employee what the condition is.

SUPERVISOR RESPONSIBILITY CONT’D Until you have been notified by HR ( notification) the employee is NOT on an FMLA and the employee shouldn’t say they are until notified by HR. (They can say FMLA Pending) There is a process to approving an FMLA

NEW – Online Application Process Located on the HRTD web page, “MyUt” page 5 days

Supervisors Carefully read determinations Note for intermittent that you should have a discussion with the employee about scheduling appointments. Note the estimated usage

When in Doubt! Feel free to contact me Contact information: Debra Robertson Leave of Absence Advisor Office: address: s are encouraged.