1. Top Ten Things You Need to Know FMLA (Family Medical Leave Act) Sharon McCann shmccann@indiana.edu November 14, 2007

2. #1- You need to know… the purpose of FMLA Allows employees to balance work & family life by taking time off without affecting their employment Provides up to 12 weeks per year Starts anew each year May be taken intermittently

3. #2 – You need to know… who is eligible for FMLA IU employee for at least 12 months (does not need to be consecutive) Worked minimum of 1,250 actual work hours in 12 month period prior to FMLA (excludes any type of paid leave not worked) Check eligibility first Hourly employees/past hourly service

4. #3 – You need to know… who starts the process An employer responsibility Applies to IU Professional staff, Support and Service staff and FMLA eligible Hourly employees Respond within two days of knowledge of employee need

5. #4 – You need to know… what’s covered/what’s not NOT normally covered ◦Common colds, sore throats, flu ◦Illness not causing time off work IS normally covered ◦Things that lead to a SHC* ◦Refer to definitions of SHC* * Serious Health Condition

6. #5 - You need to know… what to share with the employee Avoid the “why do I have to…”  IU health care continuation  Reinstatement rights  Waives maximum leave usage  FMLA protection  NOT unpaid until leave accruals are depleted

7. #6 – You need to know… to review medical certification What to scrutinize When to approve/disapprove Not requested for births/child placements How to handle the questions Don’t call the care provider!

8. #7 – You need to know… what pitfalls to avoid Intermittent leave guidelines  Foreseeable leave approvals  Recertifications When to say/not say “enough” Avoidance of discipline?

9. #8 – You need to know… how to handle decreasing performance due to illness Don’t avoid FMLA by “enabling” and lessening duties Give the employee a chance to perform

10. #9 – You need to know… how to address poor performance during FMLA No discipline for taking FMLA Discipline for poor performance is possible during FMLA Be fair, reasonable and consistent

11. #10 – You need to know… when to call for help Medical certification is suspicious Second/third opinions When it “crosses over” Corrective Action Accommodation and ADA Can no longer perform the duties Questions are welcome Other training available (LCS, processor, review)