FMLA, Your Employee Needs

FAMILY MEDICAL LEAVE ACT: Federal law Board Policy DECA (Legal) Job-protected leave 12 month period 1,250 hours 12 weeks (unpaid leave) Qualifying reason

Qualifying Reason: Birth/newborn child Adoption/foster care Spouse, son, daughter or parent Employee’s serious health condition Active duty/called to active duty

Intermittent Leave: Separate Periods of Time 1-hour to Several Weeks (12 weeks cumulatively) Reduced Schedule Leave Medical Necessity Treatments

Requesting Medical Certification From Employee: foreseeable leave 2-business days beyond 30 days “casts doubt” returns to work written (15 days) If the employee fails or refuses to provide the required medical certification, the FMLA, including all employee protections and district obligations, is not triggered.

Required FMLA Notices - Employee Foreseeable Leave: 30 days of advance notice or notice as soon as practical Unforeseeable Leave: at least verbal notice to the employer within 1-2 days of learning of the need, if able. Employee is required to give notice only once for each period of leave. Employee must follow the district’s normal procedures for requesting leave.

FMLA Notice – Employer Eligibility Notice 5 business days Rights & Responsibilities Notice Designation Notice 5 business DEC (Local)-paid leave concurrent with F&ML

Return To Work After F&ML: Medical Certification (ability to resume work) Working position or to an equivalent position Key Employees (10% of all of the district’s employees. Matamoros v. Ysleta ISD, 916 F. Supp. 2d 723 (W.D. Tex. 2012)

Suggested TWC Termination Checklist: Was there a specific incident close in time to the discharge? Has the employer followed the disciplinary procedure? Did the claimant know or should have known that she could be fired for such a reason? Have similarly situated employees been treated more favorably? FOLLOW YOUR POLICY! Documented warnings give help to show that the person knew or should have known termination was a consideration. BE CONSISTENT!

Send Notice of Eligibility and Rights & Responsibilities with reason(s) for denial. Region 13 is notified of need for leave Region13 determines If employee meets all eligibility criteria: 1. Has employee been employed by Region 13 for 12-months? 2. Has the employee worked 1,250 hours in the immediately preceding 12 months? 3. Does Region 13 employ 50 people or more? Yes or No? 5 Days NoNo Yes 15 Days Employee returns required certification. Is the required certification complete? Yes or No? No Ye s 5 Days Region 13 requests that the employee address deficiencies. Were deficiencies addressed? 7 Days Yes or No? Yes Region 13 determines if the event qualifies and may contact the health care provider for clarification and authentication. Yes or No? No Yes Send Notice of Eligibility and Rights & Responsibilities with certification requirements. Send Designation Notice including any requirement for fitness-for-duty certification within 5 days of receipt of certification. Send Designation Notice indicating that leave was not approved within 5 days after giving the employee 7 days to address deficiencies.

Websites US Department of Labor ESC Legal and Local Policy DEBA DEB Local and DEB Legal