The Family and Medical Leave Act Know Your Rights! By: Jessica Shaw

Overview Eligibility Eligibility Medical and Military Medical and Military Qualifying Event or Exigency Qualifying Event or Exigency Qualifying Family Members Qualifying Family Members Serious Health Condition Serious Health Condition What is Not FML What is Not FML Requesting FML Requesting FML

Family and Medical Leave Medical Up to 12 weeks (480 hours) of protected leave Up to 12 weeks (480 hours) of protected leave Per 12-month period Per 12-month period Must meet eligibility Must meet eligibility Must have a qualifying event Must have a qualifying event

Eligibility Employed for 12 months Employed for 12 months Worked 1250 hours in previous 12 months Worked 1250 hours in previous 12 months Qualifying event Qualifying event

Qualifying Event Birth, or placement of a child for adoption or foster care Birth, or placement of a child for adoption or foster care Employee's serious health condition Employee's serious health condition Care for an immediate family member with a serious health condition Care for an immediate family member with a serious health condition

Immediate Family Member Spouse Spouse Parents Parents Child Child

Serious Health Condition Inpatient care Inpatient care Continuing treatment Continuing treatment Childbirth Childbirth Chronic Conditions Chronic Conditions An illness, injury, impairment, or physical/mental condition that meets any one of the following:

Inpatient Care Care in: Hospital Hospital Hospice Hospice Residential medical care facility Residential medical care facility Includes period of incapacity or subsequent treatment in connection with inpatient care

Continuing Treatment Provided by a healthcare provider AND Provided by a healthcare provider AND Incapacity for >3 full consecutive days AND Incapacity for >3 full consecutive days AND One in-person visit to healthcare provider within 7 days of incapacity AND One in-person visit to healthcare provider within 7 days of incapacity AND 2 treatments within a 30 day period OR 2 treatments within a 30 day period OR 1 treatment resulting in a regimen of continuing treatment 1 treatment resulting in a regimen of continuing treatment

Childbirth Incapacity due to pregnancy Incapacity due to pregnancy Normal delivery-6 weeks Normal delivery-6 weeks Cesarean Section-8 weeks Cesarean Section-8 weeks Prenatal care Prenatal care

Chronic Conditions Require visits for treatment by a health care provider at least twice a year Require visits for treatment by a health care provider at least twice a year Continues over an extended period of time (including recurring episodes of a condition) Continues over an extended period of time (including recurring episodes of a condition) May cause episodic periods of incapacity May cause episodic periods of incapacity Permanent/long-term conditions Permanent/long-term conditions Multiple treatments Multiple treatments

What Is Not FML Time away from work for: Routine physicals and physician visits Routine physicals and physician visits Colds Colds Flu Flu Dental cleanings Dental cleanings Minor illnesses Minor illnesses Eye exams Eye exams

Requesting FML Verbal notice as far in advance as possible Verbal notice as far in advance as possible Written notice submitted 30 days prior to leave Written notice submitted 30 days prior to leave For leave immediate or unforeseen, give notice as soon as practical (usually 1-2 days) For leave immediate or unforeseen, give notice as soon as practical (usually 1-2 days) Satisfactory documentation must be provided within 15 days of the request for leave Satisfactory documentation must be provided within 15 days of the request for leave

Military Care Giver Leave Up to 26 weeks of protected leave Up to 26 weeks of protected leave In a single 12 month period In a single 12 month period Must meet eligibility Must meet eligibility Must have a qualifying event Must have a qualifying event

Injured Service Member Spouse Spouse Parent Parent Child Child Next of kin Next of kin

Qualifying Event Medical Treatment Recuperation Therapy Outpatient Status Temporary Disability Incurred in the Line of Duty

Qualifying Exigency Leave A qualifying exigency arising due to the employee’s eligible family member’s call to active duty

Family Member Called to Active Duty Spouse Spouse Parent Parent Child Child

Qualifying Exigency Short notice deployment – call/order to active duty seven days prior to date of deployment. Short notice deployment – call/order to active duty seven days prior to date of deployment. Military and activities related to call to active duty. Military and activities related to call to active duty. Childcare and school activities Childcare and school activities Make or update financial and legal arrangements. Make or update financial and legal arrangements.

Counseling that arises out of the military service. Counseling that arises out of the military service. Rest and recuperation – limited to five days per leave to spend with military member on short- term leave. Rest and recuperation – limited to five days per leave to spend with military member on short- term leave. Post-deployment activities –arrival ceremonies, reintegration briefings, funeral arrangements that occur within 90 days following termination of active duty status. Post-deployment activities –arrival ceremonies, reintegration briefings, funeral arrangements that occur within 90 days following termination of active duty status. Qualifying Exigency

Forms - Military Application For Leave Application For Leave FML Certification for Serious Injury or Illness of Covered Service Member FML Certification for Serious Injury or Illness of Covered Service Member FML Certification of Qualifying Exigency for Military FML Certification of Qualifying Exigency for Military

Substitution of Paid Leave Vacation Vacation Sick Leave Sick Leave Personal Leave Personal Leave Parental Leave Parental Leave Compensatory Time Compensatory Time

Maintenance of Health Benefits Group health coverage maintained Group health coverage maintained Employee must pay normal premium Employee must pay normal premium Ends if employee fails to return OR Ends if employee fails to return OR After FML leave entitlement ends After FML leave entitlement ends

Questions