FMLA Information Session

1
FMLA Information Session

• February 28, 2008
• Office of Human Resources

2
Coordination of Employer Obligations

• Federal FMLA
• Wisconsin FMLA (WFMLA)
• OSER Policies
• System Leave Policies
• Campus Leave Policies
• Collective Bargaining Agreements

3
Definition ofFederal FMLA (in general)

• Employees must have worked 1250 hours in
  preceding 12 months
• Up to 12 weeks leave during 12 month period
• Provides Unpaid Leave for
• birth, adoption/foster care placement
• care for parent, child or spouse with serious
  health condition
• employees own serious health condition
• NEW Military Family Leave

• Intermittent leave
• Required only where medically necessary
• Employer consent for birth or adoption
• Substitution of accrued leave is allowed (FMLA
  itself is unpaid)
• Restored to same or equivalent position

4
Recent Expansion of FMLA

• New Qualifying Reason for Leave
• Up to 12 weeks of leave due to qualifying
  exigency arising out of the fact that the
  spouse, son, daughter, 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.
• The DOL is currently defining any qualifying
  exigency and this leave entitlement is not yet
  final, however, employers are encouraged to
  provide this leave to qualifying employees.

5
Recent Expansion of FMLA (contd)

• New Leave Entitlement
• An eligible employee who is the spouse, son,
  daughter, or parent, or next of kin of a covered
  servicemember who is recovering from a serious
  illness or injury sustained in the line of duty
  on active duty is entitled to up to 26 weeks of
  leave in a single 12-month period to care for the
  servicemenber. This provision became effective
  immediately upon enactment (1/28/08). This
  military caregiver leave is available during a
  single 12-month period during which an eligible
  employee is entitled to a combined total of 26
  weeks of all types of FMLA leave

6
Determining the Length of Leave

• FMLA
• Each calendar year
• Fiscal year for unclassified
• Calendar year for classified
• 12 wks max. leave total for all qualifying
  reasons

• Leave runs concurrent with paid leave benefits,
  Income Continuation coverage, and any leave
  allowed under Collective Bargaining Agreement
  leave provisions

7
Reasons for Leave

• FMLA New Child
• 12 weeks total for birth or adoption/foster
  placement of child AND medical needs of mother
• 12 weeks total for father to care for newborn or
  child placement AND to care for mother

8
Reasons for Leave (contd)

• FMLA Serious Health Condition
• Illness, injury, impairment or physical or
  mental condition that involves
• Inpatient care (overnight stay), or
• Continuing treatment
• Period of incapacity for more than three
  consecutive calendar days and subsequent
  treatment involving
• Two visits to health care provider, or
• One visit and regimen of continuing treatment

• Any period of incapacity due to chronic serious
  health condition which
• Requires periodic visits for treatment
• Continues over an extended period of time
• May cause episodic rather than continuing period
  of incapacity
• Any period of incapacity due to pregnancy or
  prenatal care

9
Reasons for Leave Family

• To care for newborn or newly placed child
• To care for spouse, son, daughter or parent with
  serious health condition
• Parent not in-laws, includes one who stands in
  loco parentis
• Child means biological, adopted, foster,
  stepchild, legal ward or child in loco parentis
  (who is under age 18, or 18 or older and
  incapable of self-care because of a mental or
  physical disability)

10
Intermittent Leave

• Leave may be taken in separate blocks or on a
  reduced schedule
• Intermittent leave after birth of child only with
  employer agreement
• Must be allowed as medically necessary for self
  or family care

11
Scheduling Intermittent Leave

• Employee must advise employer of reasons why
  intermittent/reduced schedule leave is necessary
  and the schedule
• Employer and employee must attempt to work out a
  schedule, subject to approval/recommendation of
  health care provider
• Required as medically necessary
• Requires medical certification

12
HR Provides FMLA Notice to Employee

• At time of employees request for leave, the
  employer must notify the employee in writing
  regarding
• Whether leave is counted against annual FMLA
  entitlement
• Whether medical certification is required
• Right to substitute paid leave
• Any requirement for fitness for duty upon
  return to work
• If required written notice not provided to the
  employee, the leave may not be able to be counted
  against the employees 12 week FMLA entitlement
• The employer may designate leave as FMLA even if
  the employee does not specifically request it -
  must provide written designation

13
You may be wondering

• Since the UW and State policies and rules provide
  leave benefits for employees in most cases, why
  bother with the WFMLA and FMLA?
• Who cares?
• Why should I care?

14
Realistic Answers

• The FMLA and WFMLA may require intermittent leave
  or reduced schedule when policies may not
• Failure to designate leave as FMLA may lead to
  additional leave entitlement leave needs to be
  counted toward annual entitlement
• Leave must be qualifying and meet the
  definition and criteria of FMLA for the employee
  to have the right to take leave
• Failure to comply with FMLA and WFMLA can lead to
  legal liability, including fines

15
Resources and Contact Information

• http//www.uwgb.edu/hr/Forms/index.asp?cat13sear
  chFMLA
• - Employee FMLA request form
• - Return to work certification form
• - Certification of Health Care provider form
• - Notice to employees requesting leave
• - Employee list of rights under FMLA
• - WFMLA Information
• FMLA can be a complicated process, it is
  imperative to notify HR upon learning of an
  employees probable need for FMLA
• Contact Human Resources at ext. 2390 with any
  questions!