FMLA FEDERAL FAMILY MEDICAL LEAVE ACT And Other Leave Laws

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FMLA FEDERALFAMILY MEDICAL LEAVE ACTAnd
Other Leave Laws
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Overview of Todays Training

• What federal and state job protections apply to
  employees of The Evergreen State College?
• What are the employees responsibilities?
• What paid leave may an employee use when taking
  protected leave?
• What is reasonable accommodation?

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WHAT IS FMLA?

• 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 the colleges policy, domestic partners are
  included as immediate family members.
• Child must be under 18, or over 18 and incapable
  of self care.
• Job protection for parental leave, including
  adoption.
• Military Exigency Leave.
• Military Caregiver Leave.
• Guarantees the employees right to remain in the
  same or equivalent position.

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What Exactly is a Serious Health Condition?

• 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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FMLAS GUARANTEE

• 12 weeks, or 480 hours, of unpaid leave.
• Although the employee may opt to use paid leave
  if available.
• Part-time employees receive a pro-rated amount.
• 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 their portion of
  premium.

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MYTH FMLA Is A Bank of Paid Leave Separate From
Vacation and Sick Leave

• TRUTH FMLA is not a bank of leave. Employees
  may use any of their accrued leave, such as sick
  and vacation leave, per Washingtons Family Care
  Act (RCW 49.12.265).
• Employees who are out of their own paid leave
  must take leave without pay (LWOP).

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FMLA DOES Include

• 1. A medical condition requiring over three days
  absence.
• EXAMPLES
• Surgeries and recovery.
• Maternity/Paternity leave.
• In-patient Treatment.
• 2. A medical condition requiring regular
  intermittent leave.
• EXAMPLES
• Out-Patient Treatment.
• Required Doctor or Therapy Visits.
• Recurring Episodes of a Single Underlying
  Condition.

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FMLA DOES NOT Include

• Cold, flu, earaches, and minor ulcers.
• Cosmetic treatments.
• Substance abuse.
• Unless in a treatment facility and eligible for
  FMLA only while in the facility.

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WHO IS FMLA FOR?

• Employers with 50 or more employees within a 50
  mile radius.
• Public Employers
• THATS EVERGREEN!
• For employees who have worked at least 1250 hours
  within the previous 12 month period.
• Paid leave and LWOP does 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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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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Extended FMLA for Military FamiliesAKA 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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Separate From FMLAState Laws

• Leave For Spouses of Deployed Military
  PersonnelRCW 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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Separate From FMLAState 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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Washington State Family Leave Act and Pregnancy
Disability Leave

• Maternity leave above and beyond the FMLA.

6 WEEKS
Disability Leave
12 WEEKS
WA State Family Leave Act
FMLA
12 WEEKS
Weeks
6
12
18
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Separate From FMLAState 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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• If you believe you qualify under one of the
  protected leave laws, contact Human Resource
  Services (HRS) ?.
• Supervisors are not allowed by law to ask about
  your medical condition.
• Information is handled by HRS with utmost
  confidentiality.
• Medical, military, and other confidential
  information is kept in a separate file and is not
  part of your regular personnel file.
• HRS will provide you with the information you
  need, including an FMLA packet for you and your
  Health Care Provider to complete.

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Who Is Eligible For Shared Leave?RCW 41.04

• - Victims of domestic violence.
• Called to service in the uniformed services.
• Responders to a state of emergency anywhere
  within the U.S. declared by the federal or state
  government.
• Those suffering from or has a relative or
  household member suffering from a serious or
  extreme and/or life-threatening illness, injury,
  impairment, or physical or mental condition.
• Those who abide by the leave policies.
• If meet one or more of the above conditions, also
  must be likely to take leave without pay or
  terminate his or her employment.

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Employee Responsibilities When Taking Leave Under
the FMLA

• 30 days advance notice when foreseeable.
• DVL requires employer notice within 24 hours.
• Comply with Evergreens leave policy and
  timekeeping procedures.
• Refer to handout, Timekeeping Procedures.

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Employees Responsibilities

• Must provide a completed FMLA packet.
• Forms Included
• Certification of Health Care Provider
• 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.
• Physicians Estimate of Physical Capacities.
• Request for Reasonable Accommodation.
• Reasonable Accommodation Policies and Procedures.

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Employee Responsibilities

• Upon supervisory request, must supply HRS with
  doctor/HCP notes verifying your absence.
• Must supply updated Certifications, upon HRs
  request, when medical conditions change from
  original Certification.
• Must make a reasonable effort to schedule
  intermittent leave so as to not unduly disrupt
  the employers operations.

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What is Reasonable Accommodation?

• Americans with Disabilities Act of 1990 (P.L.
  101-336) 29 CFR Part 1630, and 28 CFR Part 35
  Rehabilitation Act of 1973 (P.L.93-112) 45 CFR
  Part 84Chapter 49.60 RCW
• Adjustments or modifications made to the job or
  the work environment that will enable the
  individual with a disability to perform the
  essential functions of the job.
• Reasonable accommodations are determined on a
  case-by-case basis.
• Interactive Process.

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Scenario Clydes Back Pain

• Clyde has been dealing with chronic lower back
  pain and his doctor recommended physical therapy
  three times per week for 10 weeks. Surgery may
  be scheduled in the future if therapy doesnt
  work.
• SHOULD CLYDE CONTACT HRS?
• Yes!
• HRS will
• Place him on conditional FMLA pending the return
  of the Certification of Health Care Provider.
• Send Clyde a letter informing him of his
  conditional status and his rights and
  responsibilities.
• Contact Clydes supervisor and, without
  disclosing confidential information, update
  him/her on Clydes leave status.

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Scenario Physical TherapyClyde Returns the FMLA
Packet

• Clyde returns his FMLA packet and plans therapy
  appointments after work and weekends.
• According to the Department of Labor, the
  employer and employee shall attempt to work out a
  schedule which meets the employees needs without
  unduly disrupting the employers operations.
• HRS reviews the packet, including the
  Certification of Health Care Provider, and finds
  that Clyde qualifies for leave under the FMLA.
• HRS sends Clyde an approval letter.

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Scenario Back Worsens

• After three weeks of physical therapy, Clyde
  calls in sick because his back hurts and he
  cant sit up. He tells his supervisor that he
  needs to lay down and rest his back because of
  overdoing it the previous day.
• Which of the following is a correct plan of
  action for Clyde?
• A. Contact HR with this new information.
• B. Talk to Human Resources about getting a
  temporary accommodation while his back heals.
• C. Obtain a release to work from his HCP,
  with a list of work restrictions before returning
  to work.
• B and C.
• All of the above

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Practice You Decide

• Karen works for Evergreen full time since March
  2008. In March 2009 her daughter-in-law had a
  baby. Karen needed to take time off to assist
  the new mom with the baby after surgery (Karen
  had a C-Section).
• Which of the following is correct?
• Karens leave was FMLA eligible entitling her to
  12 weeks of unpaid leave.
• Karen did not qualify for FMLA, but she was able
  to used banked leave, including sick leave under
  the Family Care Act.
• The leave was eligible under FMLA and the WA
  State Family Leave Act so Karen could take 18
  weeks off to care for her daughter-in-law.
• The leave was not covered under any law, so Karen
  could not use sick leave, but had to use vacation
  leave, upon approval from her supervisor.

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The Answer Is D.

• Daughter-in-laws are not included in the list of
  family members covered under FMLA and the Family
  Care Act.
• Therefore, Karen didnt qualify to use sick
  leave.
• If her supervisor approved her leave, Karen
  needed to use vacation leave to assist her
  daughter-in-law.
• Karens supervisor was not obligated to grant
  Karen leave under the leave laws.

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Summary of FMLAFor Employees with 1250 hours
worked within previous 12-month period.

• 12 weeks of unpaid FMLA leave for
• Own serious health condition.
• Parental leave, including adoption.
• Immediate family members serious health
  condition.
• Military qualifying exigency.
• 18 weeks of combined FMLA and WA Family Leave
  for
• Pregnancy, childbirth, and bonding.
• 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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Summary of State Leave LawsOther than FMLA

• Victims of Domestic Violence.
• Paid leave or LWOP as needed.
• Spouses of Deployed Military Personnel.
• 15 days of paid leave or LWOP.
• Family Care Act.
• May use all accrued (paid) leave to care for
  family members.
• 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.
• Paid leave or LWOP.

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REMEMBER

• All information is confidential, so contact HRS
  if you have any questions about FMLA Maternity
  or Paternity Leave Military Leave Leave For
  Victims of Domestic Violence, or other leave
  related questions.