1. Presented by Orlinda Robertson, PHR Human Resource Director

2. The Family and Medical Leave Act (FMLA) was originally passed in 1993 and then revised January 16, 2009 and again, March 8, 2013 with some provisions effective back to February 5, 2012. Of all federal employment laws, FMLA is one of the most popular and beneficial to employees. Most employees are aware of the basic requirements of the law, but may not realize the law provides employers with various options on how to administer FMLA. It is essential for all supervisors to understand how to comply with FMLA and with Grand County’s own FMLA policy.

3. At the close of this session, you will be able to: State what FMLA is. Cite basic provisions of the law and Grand County’s FMLA policy. Understand employer coverage and employee eligibility. Avoid actions prohibited by the law.

4. Family and Medical Leave Act (FMLA) requires employers who meet the basic eligibility requirements to: Grant leave for family and medical circumstances, including leave for a qualifying exigency for families of members of the regular Armed Forces, National Guard and Reserves when the covered military member is on active duty or called to active duty in support of a contingency operation in a foreign country. Grant leave to care for a spouse, son, daughter, parent or next-of-kin covered servicemember with a serious illness or injury incurred in the line of duty on active duty. Effective February 2013, eligible employees may take leave to care for a military member’s parent who is incapable of self-care when the care is necessitated by the member’s covered active duty. Such care may include arranging for alternative care, providing care on an immediate need basis, admitting or transferring the parent to a care facility, or attending meetings with staff at a care facility.

5. Reinstate the employee to the same or an equivalent position upon conclusion of the FMLA leave. Continue health benefits at the same level as prior to the start FMLA leave. Other benefits are governed by the Grand County policies. FMLA also allows states to have more comprehensive provisions. (Our policy is in compliance with the family and medical leave laws in Utah, which is currently the same as the federal laws.)

6. An eligible employee is an employee of a covered employer who : 1. Has been employed by the employer for at least 12 months * and 2. Has worked for at least 1,250 hours during the 12- month period immediately preceding the commencement of the leave, and 3. Is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite. * The 12 months of employment need not be consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement stating the company’s intention to rehire the employee after the service break.

7. FMLA provides for up to twelve (12) weeks of leave in a single twelve (12) month period as defined by the employer for the following circumstances: 1. Birth of a son or daughter and to care for the newborn child. This applies to both the mother and the father. The expectant mother may take FMLA leave for prenatal care or if the pregnancy makes her unable to work prior to the actual birth of the child. 2. Placement with the employee of a son or daughter for adoption or foster care. This leave must be given before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed.

8. Circumstances for FMLA Leave: 3. Care for the employee’s spouse, son, daughter or parent with a serious health condition. 4. A serious health condition that makes the employee unable to perform the functions of his/her job. Note: These two circumstances cover illnesses of a serious and long- term nature, resulting in lengthy absences. Generally, a chronic or long- term health condition that would result in a period of three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of incapacity and a second visit within 30 days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits, such visits must take place at least twice a year.

9. Circumstances for FMLA Leave: 5. A qualifying exigency for families of members of the regular Armed Forces, National Guard and Reserves when the covered military member is on active duty or called to active duty in support of a contingency operation in a foreign country. This leave may commence as soon as the individual receives the call-up notice. A qualifying exigency must be one of the following: a) Short-notice deployment. b) Military events and activities. c) Child care and school activities. d) Financial and legal arrangements. e) Counseling. f) Rest and recuperation (up to 15 days) g) Post-deployment activities. h) Additional activities that arise out of active duty, provided that the company and the employee agree, including agreement on timing and duration of the leave. i) Parental care-employee may take leave to care for the parent of the military member who is incapable of self-care. The parent must be the military member's biological, adoptive, step, or foster father or mother. As with all instances of qualifying exigency leave, the military member must be the spouse, son, daughter, or parent of the employee requesting qualifying exigency leave.

10. FMLA provides for up to 26 weeks of leave in a single 12- month period for the following circumstance: 6. To care for a spouse, son, daughter, parent or next-of- kin covered servicemember with a serious illness or injury incurred in the line of duty on active duty. Next-of-kin is defined as the closest blood relative of the injured or recovering servicemember. This type of FMLA leave is also known as military caregiver leave or covered servicemember leave.

11. FMLA 12-month period: An employer is permitted to choose one of the following methods for determining the “12-month period'' in which the 12 weeks of leave entitlement occurs:  The calendar year.  Any fixed 12-month leave year, such as a fiscal year.  The 12-month period measured forward from the date any employee's first FMLA leave begins.  A rolling 12-month period measured backward from the date an employee uses any FMLA leave. Grand County, effective January 1, 2014, has chosen to use the rolling 12-month period rolling forward for all FMLA circumstances.

12. When a husband and wife both work for the company and each wishes to take leave for the birth of a child, adoption or placement of a child for foster care, or to care for a parent (but not parent-in- law) with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. When a husband and wife both work for the company and each wishes to take leave to care for a covered ill or injured servicemember, the husband and wife may only take a combined total of 26 weeks of leave. FMLA leave may be taken intermittently or on a reduced leave schedule with the following exception: When leave is taken after the birth or placement of a child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the employer agrees. Grand County agrees to this type of FMLA leave and our policy so states.

13. Questions or comments

14. FMLA does NOT require paid leave. The law allows employers to require employees to use any paid leave that they may have as part of their FMLA leave. Grand County includes this requirement in its FMLA policy. In other words, FMLA leave will run concurrently with sick and vacation leave, workers’ compensation, and disability insurance. The law also allows employees to use their FMLA leave if the use of the leave would meet the normal requirements for use; such as the employee using sick time per Grand County Policy to care for a sick child).

15. FMLA allows employers to require employees to submit certification of the need for FMLA leave. Our policy requires the types of certifications listed below. Human Resources provides the appropriate form to employees who may have a FMLA circumstance and handles all follow-up on medical certifications. Certification may be required for the:  Employee’s serious health condition.  Family member’s serious health condition.  Qualifying exigency for military family leave.  Serious Injury or illness of covered servicemember for military family leave.

16. Employees requesting FMLA leave must provide verbal or written notice of the need to the HR Director. Within five business days after the employee has provided this notice, the HR manager will provide the employee with notice of eligibility and rights. When the need for leave is foreseeable, the employee must provide at least 30 days notice. When the employee becomes aware of the need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or next business day.

17. When the need is not foreseeable, the employee must comply with the Grand County policy for requesting leave, absent unusual circumstances. Within five (5) business days after the employee has submitted appropriate certification, the HR manager will complete and provide the employee with a written response to the employee regarding the designation of FMLA leave.

18. Grand County Family and Medical Leave Request Form Certification of Health Care Provider for Employee’s Serious Health Condition U.S. Department of Labor OR Certification of Health Care Provider for Family Member’s Serious Health U.S. Department of Labor Notice of Eligibility and Rights & Responsibilities U.S. Department of Labor URS Leave Notification

19. Designation Notice U.S. Department of Labor Certification of Qualifying Exigency For Military Family Leave U.S. Department of Labor Certification for Serious Injury or Illness of Servicemember -for Military Family Leave U.S. Department of Labor Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave U.S. Department of Labor

20. Questions or comments

21. Making pre-hire inquiries regarding need for FMLA leave. Including periods of FMLA to disqualify employees for good attendance awards or non-performance. Asking employees for a doctor’s note for each use of intermittent FMLA leave. Contact the HR manager if you question an employee’s use of FMLA leave. Interfering with an employee’s rights under FMLA. Retaliating against employees who file FMLA complaints or exercise their FMLA rights. Note: FMLA uses the same definition of employer as the FLSA and includes any person acting directly or indirectly in the interest of an employer in relation to an employee. Consequently, managers and officers may be individually liable for any violations of the requirements of FMLA.

22. Questions or comments

23. An employee shall be granted military leave for service in the U.S uniformed services Generally, an employee may take military leave without pay for the period of active service plus travel time. And then will be restored to employment depending upon the employee’s period of military service and conditions of reinstatement in accordance with USERRA and all applicable state laws. Employees returning from military leave will be placed in the position that they would have attained had they remained continuously employed or a comparable position the length of military service They will be treated as though they were continuously employed for purposes of determining benefits based on length of service. Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.

24. Grand County will grant paid leave to members of the armed forces reserve or National Guard for up to eighty (80) hours per year to respond to duty orders to attend an extended training camp. Absence due to military orders in excess of eighty (80) hours per year are considered approved absences, but are not paid by Grand County. However, employees may elect to apply accrued vacation time or compensatory time to any excess days. To be eligible for paid military leave, the employee must provide a copy of the order to duty to the Human Resource Director in advance. As a courtesy and to minimize disruption, Grand County requests that employees provide as much advance notice of military leave to their supervisors as possible. Employees may elect to continue health insurance benefits while performing military service for up to twenty-four (24) months in accordance with USERRA. If elected, the employee will be responsible for the full premium each month. If not elected, the employee will have the right to be reinstated when he/she is reemployed, without any waiting period or exclusions, except for service- connected illnesses or injuries. Benefit accruals, such as vacation, sick leave or holiday benefits, will be suspended during the leave and will be resumed upon the employee’s return to active employment.

25. Questions or comments

26. FMLA is the federal law that requires employers to grant leave for family and medical circumstances and to reinstate the employee in the same or an equivalent position upon conclusion of the leave.

27. The six FMLA circumstances are: 1. Birth of a son or daughter and to care for the newborn child. 2. Placement with the employee of a son or daughter for adoption or foster care. 3. Care of a spouse, son, daughter or parent with a serious health condition. 4. A serious health condition of the employee that makes him/her unable to work. 5. A qualifying exigency for families of members of the Regular Armed Forces, National Guard and Reserves when the covered military member is on active duty or called to active duty in support of a contingency operation in a foreign country. 6. Care of a spouse, son, daughter, parent or next-of-kin covered servicemember with a serious illness or injury incurred in the line of duty on active duty. Note: For circumstances 1-5 above the employee may use up to 12 weeks of FMLA leave in a 12-month period. For circumstance 6 above, the employee may use up to 26 weeks in a single 12-month period.

28. FMLA leave may be taken intermittently or on a reduced work schedule. FMLA leave at Grand County will be run concurrently with paid leave (sick, vacation), workers’ compensation and disability insurance whenever possible. FMLA leave at Grand County requires certification for the employee’s serious health condition, the family member’s serious health condition, a qualifying exigency for military family leave and for the serious injury or illness of the covered servicemember for military family leave.

29. An employee is eligible for FMLA leave when he/she: Has been employed by us for at least 12 months and Has worked at least 1,250 hours during the 12 months preceding start of FMLA leave and Is employed at a worksite where 50 or more employees work within 75 miles of that worksite.

30. Employees requesting FMLA leave must provide verbal or written notice of the need to the HR manager and appropriate notice, depending on whether the leave is foreseeable or not. Within five business days after the employee has submitted appropriate certification, the HR manager will complete and provide the employee with a written response to the employee regarding the designation of FMLA leave.

31. To avoid actions prohibited by FMLA, do not: Make pre-hire inquiries regarding the need for FMLA leave. Include periods of FMLA leave to exclude employees from good attendance awards or non-performance bonuses. Ask for doctors’ notes each time intermittent FMLA leave is used. Interfere with an employee’s FMLA rights or retaliate against employees who file FMLA complaints.

32. Questions or comments

33. Society For Human Resources; http://www.shrm.org/searchcenter/Pages/Results.aspx?k=fmla%20training%2 0presentation http://www.shrm.org/searchcenter/Pages/Results.aspx?k=fmla%20training%2 0presentation United States Department of Labor; http://www.dol.gov/whd/regs/compliance/whdfs28.htm, http://www.dol.gov/whd/fmla/2013rule/militaryFR_FAQs.htm http://www.dol.gov/whd/regs/compliance/whdfs28.htm http://www.dol.gov/whd/fmla/2013rule/militaryFR_FAQs.htm Grand County Employee Handbook http://www.grandcountyutah.net/emp/pdf/GrandCountyEmployeeHandbook. pdf http://www.grandcountyutah.net/emp/pdf/GrandCountyEmployeeHandbook. pdf