Family and Medical Leave Act FMLA

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• Family and Medical Leave Act (FMLA)
• Annie Stroud, Employment Benefits Manager
• 2005

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Family and Medical Leave Act (FMLA)
EmployeeTraining

• The State Family and Medical Leave Act was
  signed into law in 1988 and the Federal Family
  and Medical Leave Act in 1993. The act was
  created in response to the growing national
  concern about balancing work and family
  responsibilities.

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Family and Medical Leave Act (FMLA)

• Eligible employees receive 12 weeks of job
  protected leave in a 12-month period for
• Birth or placement of a child
• Immediate family members serious health
  condition
• Employees own serious health condition

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Eligible Employees

• State (Wisconsin)
• Employed for more than 52 consecutive weeks and
• Worked at least 1,000 hours during preceding
  52-week period.

• Federal
• Employed at least 12 months (not necessarily
  during the same period of employment) and
• Worked more than 1,250 hours for the employer
  during the previous 12-month period.

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Serious Health Condition

• State (Wisconsin)
• A disabling physical or mental illness, injury,
  impairment or condition involving
• Inpatient care or
• Outpatient care that requires continuing
  treatment or supervision by a healthcare provider.

• Federal
• An illness, injury, impairment or physical or
  mental condition that involves
• Inpatient Care
• Continuing treatment. Incapacity of more than 3
  consecutive calendar days and
• treatment two or more times or
• one treatment resulting in a regimen of
  continuing treatment under the supervision of a
  healthcare provider.
• Pregnancy or prenatal care
• Chronic conditions
• Permanent or long-term conditions
• Absence to receive multiple treatments
• restorative surgery
• treatment to prevent incapacity

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Leave Requirements

• Federal
• Eligible employees are allowed to use the 12
  work weeks of entitlement anyway they want.

• State (Wisconsin)
• Family Leave
• Allowed 6 weeks for either birth or placement of
  a child if within 16 weeks of birth or placement.
• Allowed 2 weeks to care for the employees child,
  spouse, or parent, or parent-in-law who has a
  serious health condition.
• Medical Leave
• Allowed 2 weeks if the employee has a serious
  health condition.

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Employer Obligations

• Must follow strict notification policies
• Must have written FMLA policy in effect (Edgewood
  has policy in handbook, Exhibit H)
• Post Department of Labor approved FMLA
• notice (Edgewood posts notice outside of HR
  Office)

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Supervisor Obligations

• Recognize potential FMLA leave
• Alert Human Resources and recommend employee
  speak with Human Resources ASAP about requirement
  and paperwork
• Meet with employee to discuss and approve leave
  time on employees Application for FMLA Leave of
  Absence
• Update Human Resources of employees status and
  inten to return to work, if known

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Employee Obligations

• Give 30-day notice for foreseeable leave. Leave
  may be verbal without mentioning FMLA
• If leave is unforeseeable, notice should be given
  within one to two working days
• Medical certification should be provided within
  15 days (leave can be denied or delayed if not on
  time)
• Leave can not unduly interrupt the employers
• operations (leave should not disrupt the
  operation of the company)

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Employee Obligations, continued

• Required to pay premiums. Payment must be timely.
  (Edgewood College reserves the right to cancel an
  employees insurance if payment is late and a
  15-day notice is given)
• May have to provide Edgewood College a periodic
  report of status and intent to return to work
• May have to submit a periodic medical
  re-certification
• May have to submit a Fitness for Duty
  certification
• If returning early from a leave, must give a two
  business day notice

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• Questions?

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• Thank You!!!
• Human Resources
• Annie Stroud
• Acting Director, Human Resources
• 663-2387
• astroud_at_edgewood.edu