UNDERSTANDING FMLA at Youngstown State University Linda Moore, Human Capital Management Analyst Debby LaRocco, Manager Employee Benefits April 9, 2014

What is FMLA?  Family and Medical Leave Act of 1993  Federal law that requires employers to provide employees job-protected leave for qualified medical and family reasons

Purpose of the Law  Balance work and family life  Promote economic security of families and serve national interest in preserving family integrity

Employee Eligibility  Worked at least 12 months  Worked at least 1,250 hours during the 12 months before leave begins

Qualifying Leave Reasons 12 Workweeks of leave:  Birth or placement of a child for adoption or foster care  To care for a spouse, son, daughter, or parent with a serious health condition  For the employee’s own serious health condition  Because of a qualifying exigency arising out of active duty status of a covered military member who is the spouse, son, daughter, or parent

Qualifying Leave Reasons 26 Workweeks of leave: To care for a “covered servicemember” with a serious injury or health condition  Servicemember is a member of the Armed Forces including national Guard or Reserves  Eligible to care for spouse, son, daughter, parent, or “next of kin”. Next of kin can be other family member including brother, sister, grandparent, etc.

Definitions Serious Health Condition: Illness, injury, impairment, or physical or mental condition involving:  Inpatient care  Overnight stay in a hospital or other facility  Any related incapacity or follow-up treatment  Continuing treatment by a health care provider  Incapacity plus treatment, chronic conditions, pregnancy, permanent/long- term conditions, absence for multiple treatments

Definitions Qualifying Exigency: arises out of the fact the employee’s spouse, son, daughter, or parent is a military member called to active duty  Allows time to prepare for duty – childcare and school activities, military events and activities, etc.

Definitions Care of a Covered Servicemember: to care for a “covered servicemember” with a “serious injury or illness. “(26 weeks)  Incurred in line of active duty rendering member medically unfit  Covers spouse, son, daughter, parent, or next of kin.  Allows time to prepare for duty – childcare and school activities, military events and activities, etc.

Amount of Leave  Employee’s workweek is basis for entitlement  Leave may be taken intermittently or on a reduced leave schedule  shortest increment of leave is one hour

Intermittent/Reduced Leave Employee is entitled to take intermittent leave for:  Employee’s or qualifying family member’s serious health condition when medically necessary  Covered servicemember’s serious injury or illness is medically necessary  Qualifying exigency due to call to active duty status.

Substitution of Paid Leave Leave may be paid if using accrued leave such as sick or vacation hours. YSU requires paid leave to run concurrently with FMLA  If FMLA (12 weeks) is exhausted and employee has more paid leave available, employee can remain off work as long as leave situation is still necessary.

Leave Codes (Biweekly Timesheets)  FMS* – F amily M edical Leave using S ick hours  FMV* – F amily M edical Leave using V acation hours  FMP – F amily M edical Leave using P ersonal hours  FMU – F amily M edical Leave using U npaid hours * Leave Codes also used in semi-monthly Leave Reporting

Recording Time - WTE Time Sheet

Employer Responsibilities  Provide a general notice – poster outside HR and other public areas, contracts, employee handbook, distributed to new employees  Provide notice of eligibility within 5 days of receipt of request  Provide reason if employee is not eligible

Employer Responsibilities  Maintain employee’s group health benefits throughout the 12 weeks on the same terms and conditions as if the employee were continuously employed (same rates as actively employed)  Restore employee to same or equivalent job (pay, benefits, and terms and conditions )

Employee Responsibilities Provide sufficient and timely notice of the need for leave  30 days or as soon as practicable Provide medical certification to support need for leave  Submit within 15 days Provide periodic status reports if needed  Notify employer about status and intent to return to work Provide fitness for duty certification if needed  Employer may require certification that employee is physically and mentally ready to return to his/her job

FMLA Process at YSU ActionTiming Employee – Request Leave from HRWithin 30 days of leave or as soon as practicable Employer - HR will send you  Notice of Eligibility and Rights  Medical Certification  Rights and Responsibilities Notice  Calendar tracking (if needed) Within 5 days of having enough information to determine if leave is FMLA-qualifying Employee - Return completed Medical Certification or notice of deployment in case of exigency Within 15 days

FMLA Process at YSU ActionTiming Employee - Follow up with HR if leave dates change As soon as event occurs Employee – Notify HR when returning to work or if extension is required Within a week of return Employer – Will work with employee to determine other leave options if required or next steps if disability benefits are an option

Questions Linda Moore at ext or Debby LaRocco at ext Each union contract may provide other leaves in addition to FMLA and each department may manage absences differently based on work load and other situations. FMLA is a federal law and the basic explanations provided are consistent throughout the University. Unique situations do arise and should be discussed with HR and the supervisor.