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FMLA CFRA Leave Orientation

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... a person to take FMLA/CFRA Leave? What does one do to be eligible for FMLA leave? ... If requesting FMLA/CFRA leave because of serious health condition (self or ... – PowerPoint PPT presentation

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Title: FMLA CFRA Leave Orientation


1
FMLA / CFRA Leave Orientation
  • FMLA/CFRA Leave What is It?
  • Benefits to Employees
  • Qualifying Reasons for FMLA/CFRA Leave
  • Eligibility Requirements
  • Use of Leave Credits
  • Medical Certification
  • Periodic Reporting
  • Benefits during FMLA/CFRA Leave

2
FMLA / CFRA Leave Test Your Knowledge Quiz
  • What does FMLA/CFRA stand for?
  • What are three ways in which FMLA leave benefits
    employees?
  • What three things qualify a person to take
    FMLA/CFRA Leave?
  • What does one do to be eligible for FMLA leave?
  • What kind of leave credits can an employee
    use while on FMLA leavewhat increments, what
    justifications are needed?
  • Is medical certification needed? If so, by
    when?
  • What is periodic reporting?
  • What benefits is an employee entitled to while
    on FMLA leave?

3
Definition of FMLA and CFRA
  • FMLA
  • Family Medical Leave Act
  • Federal law
  • Administered by Dept of Labor
  • CFRA
  • California Family Rights Act
  • State law
  • Administered by Dept of Fair Employment and
    Housing

4
Benefits to Employees
  • Twelve workweeks of paid or unpaid leave
  • Job is protected during this time
  • Employer-paid health, dental, and vision
    benefits.

5
Reasons for Leave
  • Birth or adoption of child or foster care
    placement of child
  • To care for an immediate family member (spouse,
    child, or parent) with a serious health
    condition
  • Employee unable to work because of a serious
    health condition.

6
Serious Health Condition
  • An illness, injury, impairment, or physical or
    mental
  • condition that involves
  • Any period of incapacity or treatment connected
    with inpatient care (ie an overnight stay) in a
    hospital, hospice, or residential medical-care
    facility, and any period of incapacity or
    subsequent treatment in connection with such
    inpatient care or
  • Continuing treatment by a health care provider
    which includes any period of incapacity (ie
    inability to work, attend school or perform other
    regular daily activities) due to
  • 1) A health condition (including treatment
    therefor, or recovery
  • therefrom) lasting more than three
    consecutive days, and
  • any subsequent treatment or period
    of incapacity relating to
  • the same condition, that also
    includes
  • - Treatment two or more times by or under the
    supervision of
  • a health care provider with a
    continuing regimen of
  • treatment or

7
Serious Health Condition
  • 2) Pregnancy or prenatal care.
    A visit to the health care provider is not
  • necessary for each
    absence or 3) A chronic serious health
    condition which continues over an extended
  • period of time, requires
    periodic visits to a health care provider, and
    may
  • involve occasional
    episodes of incapacity (eg asthma, diabetes). A
    visit to
  • a health care provider is
    not necessary for each absence or 4) A
    permanent or long-term condition for which
    treatment may not be
  • effective (eg Alzheimers,
    a severe stroke, terminal cancer). Only
  • supervision by a health
    care provider is required, rather than active
  • treatment or
  • 5) Any absences to receive
    multiple treatments for restorative surgery or
    for a
  • condition which would
    likely result in a period of incapacity of more
    than
  • three days if not treated
    (eg chemotherapy or radiation treatments for
    cancer).

8
Health Care Providers
  • A doctor of medicine or osteopathy authorized to
    practice medicine or surgery by the state in
    which the doctor practices.

9
Health Care Providers
  • A podiatrist, dentist, clinical psychologist,
    optometrist or chiropractor (a chiropractor is
    limited to manual manipulation of the spine to
    correct a subluxation as demonstrated by X-ray to
    exist) authorized to practice, and performing
    within the scope of their practice, under state
    law.

10
Health Care Providers
  • Nurse practitioners, nurse-midwives and clinical
    social workers authorized to practice, and
    performing within the scope of their practice, as
    defined under state law or

11
Health Care Providers
  • A Christian Science practitioner listed with the
    First Church of Christ, Scientist in Boston,
    Massachusetts.

12
Health Care Providers
  • A health care provider as defined above, who
    practices in a country other than the United
    States, who is authorized to practice in
    accordance with the law of that country.

13
Who is ELIGIBLE?
  • Must be employed at least 12 months
  • Must have physically worked 1,250 hours during
    previous 12 month period
  • Time off for sick leave, vacation/annual leave,
    ATO, CTO, Holidays, ITO, or PL is not counted
    toward the 1250 hours.

14
Use of Leave Credits
  • No limitation on employees use of paid vacation,
    annual leave, or personal leave.
  • Sick leave may only be used in accordance with
    collective bargaining agreements and/or
    applicable civil service laws, rules and
    policies.
  • Paid/unpaid leave may be taken in one twelve (12)
    workweek period or in increments of a tenth of an
    hour or more.
  • Employee must make a reasonable effort to
    schedule FMLA/CFRA related appointment at a time
    that minimizes disruption to the departments
    operations.

15
Required Medical Information
  • If requesting FMLA/CFRA leave because of serious
    health condition (self or relative), must provide
    medical certification (Appendix C), within 15
    days.
  • Failure to receive certification within 15 days
    may result in denial of FMLA/CFRA leave.
  • Department may, at its expense, obtain a second
    opinion. If first and second opinions differ,
    the Department may, at its expense, obtain a
    third opinion jointly selected by employee and
    department. The third opinion is binding.
  • Employee may request that the department furnish
    them with copies of any additional medical
    opinions.
  • Department will reimburse employees for
    out-of-pocket travel expenses incurred to obtain
    second or third opinions.

16
Required Medical Information (continued)
  • If time beyond original estimate is requested,
    re-certification may be required.
  • Re-certification may be required if department
    receives information that raises a question about
    the stated reason of absence.
  • Failure to submit required re-certification may
    result in termination of the leave.
  • No second or third opinions will be allowed on
    re-certifications.
  • Upon completion of leave, health care provider
    must provide the supervisor with notification
    that employee is able to return to work.

17
Periodic Reporting
  • Employees whose FMLA/CFRA leave does not have a
    stated amount of time, may be asked to
    periodically report on their status and intent to
    return to work.
  • Periodically is defined as no more than every
    thirty (30) days.

18
Payment ofBENEFITS
  • During unpaid FMLA/CFRA leave, the department
    will pay the entire premiums of an employees
    health, dental, and vision benefits.
  • When employee returns to work, an accounts
    receivable will be set up to recover the
    employees portion of the premiums.
  • Employees who currently receive the cash option
    under the Flex-Elect program, will not receive
    the cash option during an FMLA/CFRA leave.
  • If employee retires during the first thirty (30)
    calendar days after returning to work, or upon
    the continuance, or onset of a serious health
    condition (self or family) which would otherwise
    entitle employee to FMLA/CFRA leave, or any
    circumstances beyond the control of the employee,
    the department shall NOT collect the entire cost
    of the premium.

19
Checklist forSupervisors
  • Failure to notify employee of FMLA/CFRA rights.
    In all instances it is the employers
    responsibility to notice the employee and inform
    them of the FMLA/CFRA benefits, whether or not
    the employee requests FMLA/CFRA.
  • Failure to notify an employee that FMLA/CFRA
    leave will be counted towards their twelve (12)
    workweeks entitlement. If the employer does not
    properly notice and designate, within two (2)
    days, the employees absence as FMLA/CFRA, then
    the leave is not FMLA/CFRA, and cannot be counted
    against the twelve (12) workweeks entitlement.
    Additionally, an employee cannot choose not to
    have FMLA/CFRA qualified leave designated against
    their unpaid twelve (12) workweek entitlement.
  • Taking disciplinary action (due to absenteeism)
    against an employee with an absence that would
    qualify under the FMLA/CFRA.
  • Failure to grant leave to provide physical care
    or psychological comfort to a seriously ill
    child, spouse, or parent.

20
Checklist forSupervisors
  • Failure to reinstate an employee to the same or
    equivalent position, including the same shift.
  • Terminating an employee during or at the
    conclusion of an FMLA/CFRA leave.
  • Failure to grant FMLA/CFRA leave because of a
    misunderstanding of what qualifies as a serious
    health condition, especially chronic health
    conditions.
  • Asking for diagnosis on the Medical
    Certification Form. This is prohibited by the
    CFRA.
  • Failure to request a medical certification in
    writing and not giving an employee at least
    fifteen (15) days to obtain medical certification.
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