Family & Medical Leave Act Includes January 2009 Revisions

“Types” of FMLA Leave Basic Basic Own serious health condition Own serious health condition Family member’s serious health condition Family member’s serious health condition Birth, placement, adoption Birth, placement, adoption Military (eff. January 2009) Military (eff. January 2009) Qualifying exigencies Qualifying exigencies Care for an injured service member Care for an injured service member

Employee’s Leave Eligibility 12 months Your school/parish already met first one Your school/parish already met first one Must have worked for employer for at least 12 months (doesn’t have to be consecutive) Must have worked for employer for at least 12 months (doesn’t have to be consecutive)

Employee’s Leave Eligibility 1250 hours Employee must have worked at least 1,250 hours in immediately preceding 12 months. Employee must have worked at least 1,250 hours in immediately preceding 12 months. Count up all hours worked in 52 weeks prior to date leave would begin. Count up all hours worked in 52 weeks prior to date leave would begin. If > 1,250, eligible. If > 1,250, eligible. If <1,250, ineligible. If <1,250, ineligible.

Your Serious Health Condition For employee’s own illness For employee’s own illness Includes Includes Inpatient care Inpatient care Incapacity for more than 3 calendar days Incapacity for more than 3 calendar days Incapacity for pregnancy or prenatal care Incapacity for pregnancy or prenatal care Incapacity for chronic serious health condition Incapacity for chronic serious health condition Permanent or long-term incapacity Permanent or long-term incapacity Absence for multiple treatments Absence for multiple treatments

Family Member’s Serious Health Condition “Family” definition “Family” definition Spouse Spouse Child Child Parent Parent Not in-laws Not in-laws Employee needed to care for family member (not just comfort) Employee needed to care for family member (not just comfort)

Medical Certification Required Employer will give you correct form Employer will give you correct form Due back within 15 days Due back within 15 days If not returned within time permitted, your time off is not protected If not returned within time permitted, your time off is not protected You must cooperate with getting clarification or leave may be denied You must cooperate with getting clarification or leave may be denied If provider charges you to complete If provider charges you to complete If certification unclear If certification unclear

Birth of a Child 12 weeks total only 12 weeks total only Serious medical condition Serious medical condition Caring for ill wife or newborn (males) Caring for ill wife or newborn (males) Caring for ill newborn (males & females) Caring for ill newborn (males & females) Parenting leave (to bond with new baby) Parenting leave (to bond with new baby) Males & females Males & females Must conclude within one year of birth Must conclude within one year of birth

Pregnancy and FMLA If you have no intention to return to work, you are not eligible. If you have no intention to return to work, you are not eligible. If you decide at end of leave not to return, you must reimburse health insurance premiums. If you decide at end of leave not to return, you must reimburse health insurance premiums.

Adoption of a Child 12 weeks total 12 weeks total Includes time before placement Includes time before placement Parenting leave applies Parenting leave applies

Leave for a New Foster Child 12 weeks only 12 weeks only Need may arise before or after placement Need may arise before or after placement Must involve the state Must involve the state Informal custody arrangements don’t count Informal custody arrangements don’t count

Parenting Leave Leave must conclude within one year of birth or placement—rigid deadline Leave must conclude within one year of birth or placement—rigid deadline If both parents work for same school, entitled to 12 weeks combined If both parents work for same school, entitled to 12 weeks combined

Pregnancy Incapacity due to pregnancy and prenatal care = serious health condition Incapacity due to pregnancy and prenatal care = serious health condition So, may be taken intermittently or on reduced schedule So, may be taken intermittently or on reduced schedule Husband may take FMLA leave to care for ill wife Husband may take FMLA leave to care for ill wife

FMLA Intermittent Leave Taken in separate blocks of time for single qualifying reason. Taken in separate blocks of time for single qualifying reason. Must be medically necessary. Must be medically necessary. For PT employee w/ variable week, average hours in prior 52 weeks will be calculated. For PT employee w/ variable week, average hours in prior 52 weeks will be calculated.

Certification (cont.) Guiding document Guiding document Provider sets parameters of leave Provider sets parameters of leave Estimates duration Estimates duration Return to work note Return to work note Has NOT released you—you cannot return Has NOT released you—you cannot return Releases you to return to work—you must return Releases you to return to work—you must return Cannot get a second dr. (who didn’t treat you) to weigh in—must start process all over Cannot get a second dr. (who didn’t treat you) to weigh in—must start process all over

Important Information If choose not to return, you will have to reimburse health care premiums paid on you behalf. If choose not to return, you will have to reimburse health care premiums paid on you behalf. If you can’t return If you can’t return Employer’s FMLA obligations end Employer’s FMLA obligations end ER cannot extend time, create job, rearrange your schedule ER cannot extend time, create job, rearrange your schedule But will review ADA obligations, if any But will review ADA obligations, if any

Your responsibilities Give notice as soon as you know Give notice as soon as you know Get medical certification and cooperate Get medical certification and cooperate in getting clarification, if necessary in getting clarification, if necessary In getting /giving periodic updates In getting /giving periodic updates In getting and following medical permission to return In getting and following medical permission to return If you don’t intend to return to work, not eligible If you don’t intend to return to work, not eligible