Dan Murphy, Esq. McLocklin, Murphy & Dishman LLP (770) The Center for School Law & Policy, Inc.

(c) 2009 The Center for School Law & Policy, Inc.  FMLA can be taken for the following reasons:  Birth/adoption  Employee own serious health condition (SHC)  To care for a family member with an SHC  Qualifying Exigency of a family member  Who is eligible to take FMLA leave?  How do we know a request is valid?  How long can employees take leave?

(c) 2009 The Center for School Law & Policy, Inc.  Eight specific grounds listed, including;  (1) Short-notice deployment  (2) Military events & related activities  (3) Childcare & school activities  (4) Financial & legal arrangements  (5) Counseling  (6) Rest & recuperation  (7) Post-deployment activities  (8) Additional activities

 Short notice deployment  For any issue  Up to 7 days, for order or call w/n 7 days of duty  Military events & related activities  Ceremonies, family assistance, etc.  Post-deployment activities  Ceremonies, reintegration or death of service member

(c) 2009 The Center for School Law & Policy, Inc.  Childcare & school  To arrange alt care, but only to provide care on urgent basis  Enroll/transfer new school or daycare  School meetings  Necessity for meeting?  Rest & recuperation  W/ service member up to 5 days  Financial & Legal  Representative for service benefits  Counseling  Non-medical  Arises from active duty?  Additional activities  District & employee agree as to -  Exigency, timing & duration

(c) 2009 The Center for School Law & Policy, Inc.  1 st time employee requests Q.E. leave  Copy of active duty orders or other doc issued by military  New orders or documentation shall also be provided to District  Certification- a statement from yee which includes  Description of facts re: Q.E.  Confirmation of counselor appt, or, lawyer’s bill.  Date of commencement  Block leave?  Begin/end dates  Intermittent or RSL?  Estimate frequency/duration  See DOL WH-384

 If certification is complete & sufficient, no new info may be requested  But, District may contact DoD to verify active duty or call to active duty  If Q.E. is to meet w/ 3 rd party, may contact 3 rd party to verify schedule & nature of meeting  Childcare & school meeting, financial or legal appt, or counseling  Other basis for Q.E.?  No additional info may be requested (c) 2009 The Center for School Law & Policy, Inc.

 Employee w/ a spouse, son, daughter, or parent in the Reserves, National Guard or retired members of Regular Armed Forces/retired reserve  Active duty is “a call or order to active duty.”  Q.E. leave does NOT apply to employees w/ family members in the regular Armed Services on active duty.

(c) 2009 The Center for School Law & Policy, Inc.  Q.E. woven into existing entitlements & subject to 12 weeks in a leave year  Counts toward total 12 week entitlement  Compare w/ leave to care for a covered service- member  May take up to 26 weeks

(c) 2009 The Center for School Law & Policy, Inc.  What are the basis for FMLA leave today?  Birth/adoption  Employee’s own serious health condition  To care for a family member with an SHC  Qualifying Exigency of a family member  To care for a service-member with a serious injury or illness

(c) 2009 The Center for School Law & Policy, Inc.  Current member of the armed services (inc. National Guard, Reserves)  Not retired, unless on temporary disabled retired list (TDRL)  Treatment for a serious illness or injury that may render them unfit to perform the duties of their office, grade or rank  Note: Caregiver leave DOES extend to active duty military

(c) 2009 The Center for School Law & Policy, Inc.  Serious injury or illness incurred in line of duty & on active duty that may render member unfit to perform duties of office, grade, rank or rating, OR  Temporary disability retired list, OR  Outpatient status- assigned to military medical treatment as O/P, or unit est for purpose of providing command and control of Armed forces receiving care as O/P

(c) 2009 The Center for School Law & Policy, Inc.  Includes physical and “comfort care”  Ex. Doctor visits, arrange nursing home transfer, etc.  Applies when condition requires intermittent/RSL and employee is only needed occasionally

(c) 2009 The Center for School Law & Policy, Inc.  Son or daughter-under the age of 18 or incapable of self-care due to mental/physical disability  Military Caregiver son or daughter- biological, adopted or foster child, step child, legal ward or child for whom the covered service-member stood in loco parentis and who is of any age.

(c) 2009 The Center for School Law & Policy, Inc. Next of kin-nearest blood relative (outside FMLA family) in order  Blood relative w/ legal custody  Brothers & sisters  Grandparents  Aunts & uncles  First cousins UNLESS member has designated one of above as “next of kin.”

(c) 2009 The Center for School Law & Policy, Inc. Lt. Larry has 3 teenage brothers, an adult sister and one adult cousin. Larry designates his cousin as “next of kin” Only Larry’s cousin may take caregiver leave. But what if no designation w/n same level of kinship? Anyone in closest level of kinship may take leave Ex. Major Mark has 2 adult brothers, one adult sister, a grandparent and three cousins. Mark has not designated any “next of kin” Mark’s 3 siblings are considered “next of kin” and each is eligible to take leave

(c) 2009 The Center for School Law & Policy, Inc.  Who can certify?  1) DoD health care provider (HCP)  2) VA HCP  3) DoD Tricare authorized HCP  4) DoD non-network Tricare authorized HCP

(c) 2009 The Center for School Law & Policy, Inc.  Contact info of HCP  Authorized HCP status  I/I incurred in line of duty  I/I commencement & probable duration  Description of medical facts  Fitness to perform duties  Treatment, recuperation & therapy  Covered service- member in need of care  Est begin/end of any block leave necessary  Intermittent/RSL for planned treatment  Medical necessity  Est frequency & duration  Intermittent/RSL (other)  Medical necessity  Est frequency & duration

(c) 2009 The Center for School Law & Policy, Inc.  Contact info of employer, employee and covered service-member  Relationship of yee- covered service member  Covered service members military branch, rank & unit assignment  Current membership in Armed forces, national guard or reserves  Outpatient assignment  Command & control unit providing outpatient care  Temporary disability retired list  Care to be provided and est of leave needed

(c) 2009 The Center for School Law & Policy, Inc.  Invitational Travel Orders or Authorizations must be accepted in lieu of above  Valid for block or intermittent leave  Valid for time specified in Order  Employee does not have to be named in Order

(c) 2009 The Center for School Law & Policy, Inc.  No additional info may be requested  No 2 nd or 3 rd opinions  No recertification  But, authentication & verification are OK  Confirmation of relationship is OK

(c) 2009 The Center for School Law & Policy, Inc. Begins on 1 st day yee takes leave to care for eligible service member Ends 12 months later-regardless of regular leave year No rollover of unused leave time Total FMLA leave capped at 26 weeks in 12 month period BUT regular FMLA does not count against caregiver leave Ex. In same 12 month period Yee takes 16 weeks of caregiver leave and 10 weeks when baby is born=This is OK

(c) 2009 The Center for School Law & Policy, Inc.  Employer must designate  If caregiver leave and family member both apply, must designate as caregiver leave  Retroactive designation may be OK  26 week cap may apply to 2 spouses who work for 1 employer

(c) 2009 The Center for School Law & Policy, Inc.  H/W employed by same District limited to total of 26 weeks of leave during ‘single 12-month period’  Applies to leave for  Birth/adoption  Bonding  Care for parent  Care for covered service member

 Added basis for leave under the Act  Expanded definition of family for whom yee may take leave  Note “next of kin”  Unique Certification & Verification rules  26 weeks and a “12 month period”

 What: A full day training and presentation  Where: Gainesville, Florida at Santa Fe Community College  When: October 6, 2009  For more information please see: 

(c) 2009 The Center for School Law & Policy, Inc.