2. FMLA Family Medical Leave Act Federal Law
AND other Leave Laws
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3. Job protection for serious medical conditions:
What is the FMLA Entitlement? A FEDERAL LAW Administered by the U.S. Department of Labor
Job protection for serious medical conditions:
For employees’ own condition.
For immediate family members.
Immediate Family Members include spouse, parent, or child.
Per Washington law, domestic partners are included as immediate family members.
Child must be under 18, or over 18 and incapable of self care.
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4. Job protection for: Parental leave, Adoption. Military Exigency Leave.
What is the FMLA Entitlement? A FEDERAL LAW Administered by the U.S. Department of Labor
Job protection for:
Parental leave, Adoption.
Military Exigency Leave.
Military Caregiver Leave.
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5. What is the FMLA Entitlement. A FEDERAL LAW Administered by the U. S
What is the FMLA Entitlement? A FEDERAL LAW Administered by the U.S. Department of Labor
Guarantees the employee’s right to remain in the same or equivalent position.
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6. Summary of State Leave Laws other than FMLA
Victims of Domestic Violence.
Paid leave or LWOP as needed.
Spouses of Deployed Military Personnel.
15 days of paid leave or LWOP.
Washington Disability Law
Entitles pregnant women time off as directed by their HCP.
Paid leave or LWOP.
Entitles temporarily disabled individuals time off as directed by their HCP.
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7. Back in the Day
Prior to the Family Medical Leave Act of 1993, employees had no job protection when taking leave for medical reasons.
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8. Nowadays……………. since THE FMLA of 1993
Employees are entitled to up to 12 weeks of job protected leave if :
The employer has 50 or more employees within a 50 mile radius.
The employer is a Public Employer
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9. Employees are eligible for leave under the FMLA if:
They have worked at least 1250 hours within the previous 12 month period.
Paid Leave/Leave Without Pay (LWOP) and Holidays do not
count towards the 1250 hours.
Employed at least 12 months (52 weeks - need not be consecutive) for a covered employer.
Employer does not have to count service prior
to 7 years.
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10. This means the cycle repeats as needed in following years.
Determine FMLA Entitlement Period
Rolling (forward) – 12 month period
Twelve weeks of leave during the 12 month period, beginning on the first date FMLA leave is taken.
This means the cycle repeats as needed in following years.
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11. Determine FMLA Entitlement Period
12 weeks
FMLA in 12months Entitlement Period Established
FMLA 12 month Entitlement Period is
March 1, 2014 through February 28, 2015
2 weeks
continuous leave
Own medical Condition
March 1, 2014 through March 14th, 2014
12 weeks
FMLA in 12months Entitlement Period Established
Family Member medical Condition
Dec. 1, 2014 through Dec. 31, 2014
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12. FMLA’S GUARANTEE 12 weeks of unpaid leave.
Although the employee may opt to use paid leave if available.
Keep the same salary and same or equivalent job.
No loss of health benefits.
The employee must maintain their portion of health care premiums.
The employer continues to pay the employer’s portion of premium.
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13. WHAT FMLA is NOT
FMLA is NOT
additional paid leave.
Employees who are out of their own paid leave must take leave without pay (LWOP).
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14. Medical Conditions under the FMLA
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15. Own serious health condition. Parental leave, including adoption.
FMLA
12 weeks of unpaid FMLA leave for:
Own serious health condition.
Parental leave, including adoption.
Immediate family member’s serious health condition.
Military qualifying exigency.
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16. What exactly is considered a serious health condition under the FMLA?
An illness, injury, impairment, or physical or mental condition that involves:
Inpatient care in a hospital, hospice, or residential medical care facility, or any subsequent treatment in connection with such inpatient care.
Continuing treatment by a health care provider (HCP)
Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.
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17. Medical conditions that qualify for FMLA
A medical condition requiring over three days absence.
EXAMPLES:
Surgeries and recovery.
Maternity leave
In-patient Treatment.
A medical condition requiring regular intermittent leave.
Out-Patient Treatment.
Required Doctor or Therapy Visits.
Recurring Episodes of a Single Underlying Condition.
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18. Medical conditions that DON’T qualify for FMLA
Cold, flu, earaches, and minor ulcers.
Cosmetic treatments.
Substance Abuse.
Unless in a certified treatment program
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19. FMLA -Military
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20. FMLA 26 weeks of unpaid leave for:
Covered service member recovering from a serious illness or injury sustained in the line of duty while on active duty.
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21. Extended FMLA for Military Families AKA: Military Caregiver Leave
26 weeks of leave in a single 12-month period applies to:
An eligible employee (meets the 1250 hours threshold in the previous 12 month period) who is the spouse, child of any age, parent, or next of kin of a covered service member recovering from:
A serious illness or injury sustained in the line of duty while on covered active duty.
A serious illness or injury includes aggravation of existing or preexisting injuries/illnesses that were incurred in the line of military duty.
A covered service member now includes veterans who are undergoing medical treatment, recuperation, or therapy for an illness or injury that manifested itself before or after the service member became a veteran.
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22. FMLA Exigency Leave for Military Families
Employee is entitled to up to 12 weeks of leave because of:
Any qualifying exigency arising out of the fact that the spouse, child of any age, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation.
Exigency leave applies to family members of the Reserves, national Guard and of the Regular Armed Forces and Retired Reserves.
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23. Leave For Spouses of Deployed Military Personnel RCW 49.77
Separate From FMLA State Laws
Leave For Spouses of Deployed Military Personnel RCW 49.77
During a period of military conflict, an employee who is the spouse of a member of the armed forces, National Guard, or reserves is entitled to 15 days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty.
Must provide five days prior notice.
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24. Pregnancy
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25. Separate From FMLA State Laws Pregnancy Disability Leave RCW 49.78
Provides women with a leave of absence for the period of time that she is sick or temporarily disabled because of pregnancy or childbirth.
This typically entails six weeks of leave after the birth of a baby.
May also include any needed time off before the birth, as directed by the HCP.
The 12 week FMLA entitlement runs concurrently with the disability leave.
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26. 18 + weeks of combined FMLA and WA Family Leave for:
Pregnancy, childbirth, and bonding.
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27. Washington State Family Leave Act and Pregnancy Disability Leave
Maternity leave above and beyond the FMLA.
FMLA Weeks
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28. Separate From FMLA State Laws
Leave for Victims of Domestic Violence (DVL) RCW 49.76
Grants leave for victims of domestic violence, sexual assault, or stalking.
For legal or law enforcement assistance, medical treatment, counseling, or personal safety.
Covers child, spouse, parent, parent-in-law, grandparent, or person the employee is dating.
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29. Protected Leave Process
SUPERVISOR
Directs the Employee to HRS
Notifies HRS with information
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30. Protected Leave Process
HRS
Determines eligibility
Sends or gives the employee an FMLA packet
Informs employee of their rights under the FMLA
Determines for what reasons and for how long the employee needs leave, according to the Health Care Provider (HCP) Certification
Relays non-confidential information to supervisor concerning the employees continuous or intermittent leave
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31. Protected Leave Process
EMPLOYEE
Has 15 calendar days to return the completed FMLA packet
Must designate absences when they are FMLA related
Must abide by Evergreen’s leave policies and procedures
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32. FMLA Packet Certification of Health Care Provider Request for FML Form
Specific to employees’ own condition or that of a family member.
Separate certification for military leave.
Request for FML Form
Indicates to the supervisor and HR how much leave the employee anticipates and whether the leave will be paid or unpaid.
Release of Confidential Information.
Rights Under FMLA.
Physician’s Estimate of Physical Capacities.
Request for Reasonable Accommodation.
FMLA leave request instructions
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33. Employees: When Requesting FMLA or Other
Protected Leave
30 days advance notice when foreseeable.
Domestic Violence Leave (DVL) requires employer notice within 24 hours.
Comply with Evergreen’s leave policy and timekeeping procedures.
An employee must state when their leave is for FMLA purposes.
The leave system has a check box marked “FMLA” and tracks hours automatically.
The employee does not have to give the supervisor details about the nature of the medical condition.
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34. Must not be kept in supervisory files.
MEDICAL PAPERWORK
All Medical Documentation Must Be Kept in a Separate Medical File in HRS.
Must not be kept in supervisory files.
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35. DOES JOHN QUALIFY FOR FMLA?
Scenario: Migraines
John sometimes needs to leave work because of migraine headaches.
DOES JOHN QUALIFY FOR FMLA?
Yes, John’s condition is considered “chronic” under the FMLA.
Supervisor:
Send John to HRS to pick up an FMLA packet (packets can also be ed).
HRS:
Place John on conditional FMLA pending the return of the Certification
of Health Care Provider.
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36. How to use the Leave System for FMLA
When an employee is on conditional/approved FMLA protection and submits leave, the Leave System will prompt the employee in the leave request detail sections to choose if the leave is related to the FMLA medical condition or not. ONLY select the FMLA protection when the leave is related to the conditional/approved FMLA medical condition.
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37. How to mark/check leave requests for FMLA
There could be reasons that the FMLA check box is not available after you preview your leave request:
Your FMLA period ended
You exceeded your 12 week (or other) entitlement
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38. Human Resources is obligated by law to designate FMLA for:
Take Away
Human Resources is obligated by law to designate FMLA for:
serious/chronic sick leave absences over 3 days.
Regular intermittent leave.
Supervisors must know when an employee is taking FMLA leave.
Employees are protected from disciplinary action for reasons concerning their medical condition.
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