FMLA

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FMLA

• Family and Medical Leave Act of 1993

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What Is FMLA?

• The FMLA entitles eligible employees who work
  for covered employers to take unpaid,
  job-protected leave in a defined 12-month period
  for specified family and medical reasons.

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FMLA is a LAWNot a Benefit

• Employers who meet the eligibility requirements
  MUST offer FMLA to its employees
• An employee has a legal right to decline FMLA
  Usually this is done by the employee not
  completing the required paperwork. However, they
  are also declining the right and protections that
  FMLA offers

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FMLA Leave Usage

• FMLA is un-paid leave
• However
• Employees may choose or employers may require use
  of accrued paid leave while taking FMLA leave.
• It is important to specify this in your
  procedures

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FMLA Basic Leave Entitlement Qualifying Event

• The birth of a child and/or to care for the child
• Placement of a child through adoption or foster
  care
• The care of an employees spouse, child, or
  parent who has a serious health condition
• The employees own serious health condition which
  prevents the employee from performing their
  essential duties

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Military Family Leave Entitlement

• Eligible employees whose spouse, son, daughter or
  parent is on covered active duty or call to
  covered active duty status may use their 12-week
  leave entitlement to address certain qualifying
  exigencies. Qualifying
• exigencies may include attending certain military
  events, arranging for alternative childcare,
  addressing certain financial and legal
  arrangements, attending certain counseling
  sessions, and attending post-deployment
  reintegration briefings.
• FMLA also includes a special leave entitlement
  that permits eligible employees to take up to 26
  weeks of leave to care for a covered
  servicemember during a single 12-month period.

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Eligibility Requirements

• Employees are eligible if they have worked for a
  covered employer for at least 12 months,
• have work 1,250 hours of service in the previous
  12 months, paid time off does not apply.
• and if at least 50 employees are employed by the
  employer within 75 miles.

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When does FMLA start?

• The FMLA clock begins at the time of the
  qualifying event

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How to Define the 12-Month Calendar Year

• (1) the calendar year 12-month period that runs
  from January 1 through December 31
• (2) any fixed 12-months 12-month period such as
  a fiscal year (for example, October 1 through
  September 30), a year starting on an employees
  anniversary date (for example, September 22
  through September 21), or a 12-month period
  required by state law
• (3) the 12-month period measured forward
  12-month period measured forward from the first
  date an employee takes FMLA leave. The next
  12-month period would begin the first time FMLA
  leave is taken after completion of the prior
  12-month period or
• For example, Lucias FMLA leave begins on
  November 6, 2012 so her 12-month period is
  November 6, 2012 through November 5, 2013.
• (4) a rolling 12-month period measured backward
  12-month period measured backward from the date
  an employee uses any FMLA leave. Under the
  rolling 12-month period, each time an
  employee takes FMLA leave, the remaining leave
  entitlement would be the balance of the 12 weeks
  which has not been used during the immediately
  preceding 12 months.

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Requirements for Use of FMLA

• The employee must provide thirty (30) days
  advance notice when the leave is foreseeable,
  unless it is medically impossible or impractical
  to provide such notice
• The employee may provide medical certification
  for all FMLA requests due to a serious health
  condition of the employee or a covered family
  member
• This medical certification must be returned to
  Human Resources within 15 calendar days of notice
  to use leave

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Definition of a Serious Health Condition

• A serious health condition is an illness, injury,
  impairment, or physical or mental condition that
  involves either an overnight stay in a medical
  care facility, or continuing treatment by a
  health care provider for a condition that either
  prevents the employee from performing the
  functions of the employees job, or prevents the
  qualified family member from participating in
  school or other daily activities.
• Subject to certain conditions, the continuing
  treatment requirement may be met by a period of
  incapacity of more than 3 consecutive calendar
  days combined with at least two visits to a
  health care provider or one visit and a regimen
  of continuing treatment, or incapacity due to
  pregnancy, or incapacity due to a chronic
  condition. Other conditions may meet the
  definition of continuing treatment.

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Serious Health Condition

• Allergies?
• Migraines?
• Back Problems?
• Morning Sickness?
• Depression?
• Drug or Alcohol Addictions?
• Voluntary Cosmetic Procedures?

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Intermittent FMLA

• Intermittent leave is also allowed under FMLA,
  with the same requirements for medical
  certification and leave usage
• You are not required to provide intermittent
  leave for a birth of a child

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Can FMLA run concurrent to Work Comp?

• Yes it can
• provided the reason for the absence is due to a
  qualifying serious illness or injury and the
  employer properly notifies the employee in
  writing that the leave will be counted as FMLA
  leave.

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Can FMLA run concurrent to ADA?

• Yes it can
• ..An employee who has exhausted the 12 weeks of
  FMLA leave time may be entitled to additional
  leave under the ADA. If, after 12 weeks, a
  disabled employee is still medically unable to
  perform the job, the ADA requires the employer to
  make a reasonable accommodation for that employee
  that would enable him to perform the essential
  functions of the employment position

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Maintaining Benefits while on FMLA

• A covered employer is required to maintain group
  health insurance coverage, including family
  coverage, for an employee on FMLA leave on the
  same terms as if the employee continued to work.
• What about other benefits?

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Returning from FMLA

• Employees returning from FMLA must be returned to
  their former position, or an equivalent position
  with equivalent benefits.
• Especially with a serious health condition, it is
  important to get a return to work certification
  from the Dr. releasing them back to work. In
  some cases, light duty will be necessary.

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Resources for FMLA

• U.S. Department of Labor, Wage and Hour Division
  
• http//www.dol.gov/whd/fmla/
• 801-524-5706
• For an electronic copy, scottt_at_sd5.k12.mt.us