Family and Medical Leave Act FMLA Family and Medical Leave Act
FMLA The Family and Medical Leave Act (FMLA) is a United States federal law requiring employers to provide employees job-protected unpaid leave The FMLA is administered by the Wage and Hour Division of the United States Department of Labor Signed into law in 1993
FMLA Use for employee, employee’s family member or employee’s military service member
FMLA Protect employee’s job and status Does not require the company to pay the employee Sick, vacation, personal days may be used as well as Short- Term Disability if elected
Eligible FMLA To care for a new child – birth of a son or daughter, adoption, or placement of a child in foster care To care for a seriously ill family member – spouse, child or parent
Eligible FMLA To recover from an employee’s own serious illness To care for an injured service member in the family To address the qualifying exigencies arising out of a family member’s deployment
FMLA Medical certification is required The 12 weeks of leave do not have to be consecutive Intermittent leave or reduced schedule may be permitted The company is required to continue health benefits
FMLA Guidelines Upon return from FMLA leave, the employee will be restored to his/her original job or to an “equivalent” job May come back to a different property or slightly different job
FMLA Eligibility Requirements The employee must be employed by a company with 50 or more employees within a 75 mile radius The employee must have worked for the company for at least 12 months The employee must have worked at least 1,250 hours within the last 12 months (May differ by state)
Non-eligible FMLA Employees in a company with fewer than 50 employees Part-time workers who have worked less than 1,250 hours within the 12 months preceding the leave
Non-eligible FMLA Employees who need time off to recover from short-term or common illness like a cold, or to care for a family member with a short-term illness Employees who need time off for routine medical care such as check-ups
Non-eligible FMLA Employees who need time off to care for seriously ill pets
FMLA – Next Steps If an employee is out of the office for 3 consecutive days, and is not on vacation, contact the Human Resources department to determine FMLA eligibility
How to Submit Hours to Payroll Once an employee is on ‘Leave’ status, Genie will no longer work Managers must submit manual timesheets to hr@emcmgmt.com This is unpaid leave, so use any remaining sick and vacation hours on the submitted timesheets until the hours are exhausted or the employee returns to work
Sick & Vacation Time While on FMLA, employees will not accrue sick hours or vacation hours It is important to let HR know when the employee is back so that his/her status can be changed to ‘Active’ and he/she may start to accrue sick and vacation hours again
Contact Human Resources Remember, if an employee is out for more than 3 days, contact the HR department immediately at hr@emcmgmt.com
Reference Material For more information, refer to our Personnel Policy Manual – Section 4:05, Page 51 Login: Company Intranet > Human Resources > Forms > Miscellaneous
Appendix FMLA Forms
FMLA Letter 15 Days
Identify the job functions the employee is unable to perform First Page Second Page FMLA Certification Is the employee unable to perform any of his/her job functions due to the condition? Identify the job functions the employee is unable to perform Your Name & property #
FMLA Certification Third Page beginning and end dates for the period of incapacity Fourth Page FMLA Certification part-time or reduced work schedule employee needs reduced number of hours medically necessary?
Short Term Disability (STD) Front Back Short Term Disability (STD) 866.945.7781
Approval Notice FMLA End Date FMLA Start Date