Welcome NMSU Employees! FMLA Workshop

1. Welcome NMSU Employees!FMLA Workshop

2. Family Medical Leave Act is a Federal Law that provides job protected leave benefits to eligible employees. The 1993 Federal Act provides: Job protection from employment actions while on FMLA status Up to 12 work weeks of unpaid leave Ability to maintain existing medical benefit programs Enforced and Regulated by the Department of Labor What is the Family and MedicalLeave Act?

3. 12 months service with NMSU (need not be consecutive) Must have worked at least 1,250 hours in the previous 12 month period Sick leave is required to be used*. The use of annual leave must be approved by the employee’s supervisor. If annual leave is not approved, then the employee is placed on LWOP. *For the birth of a child, a maximum of 6 weeks of Sick Leave may be used Eligibility for FMLA

4. Birth of a child Placement of an adopted or foster child (leave must be taken within 12 months of placement) Care of a child, parent, spouse or recognized domestic partner with a serious health condition Serious health condition of staff member Care of a service member with a serious health condition incurred during active duty (up to 26* weeks in a 12-month period) Qualifying exigencies arising from service member’s active duty or call to active duty * 26 week period includes the initial 12 weeks allowed by law When does FMLA Apply?

5. Inpatient care (overnight stay) Incapacity more than 3 calendar days involving continuing treatment Incapacity due to pregnancy or for prenatal care Incapacity due to chronic serious health condition Receiving multiple treatments for condition which, if untreated, would result in incapacity of more than 3 calendar days Serious Health Condition

6. Heart attack Stroke Severe respiratory conditions Cancer Childbirth and prenatal care/exams Asthma Diabetes Lupus Epilepsy Mental illness Back conditions requiring therapy Severe arthritis W/C Injuries Examples of Serious Health Conditions

7. Health care professional who is accepted by the employer and the health insurance provider: Examples: podiatrists, dentists, clinical psychologists, optometrists, nurse practitioners, physicians, physician assistants, social workers, chiropractors What is a Health Care Provider?

8. Personal Illness: Confirmation that medical condition requires absence from work Duration of leave Illness of Spouse, Child or Parent: Confirmation that medical condition requires attendance of staff member as caregiver Duration of leave Care of a Service Member: Confirmation that the Service Member is being treated for a condition that categorizes the Service Member as temporarily not fit for duty Duration of leave Qualifying Exigency Confirmation of active duty orders and appropriate facts related to the qualifying exigency Duration of leave FMLA information will be kept in a separate file from your personnel file Certification

9. 12 weeks of unpaid leave To be taken within 1 year of the qualifying event, not to exceed 12 weeks total Full Block, Intermittent or Reduced Leave Schedule Full Block – leave taken all at once up to the 12 weeks allowed Intermittent – leave taken sporadically within 1 year from qualifying event, up to the 12 weeks allowed Reduced schedule – qualifying event requires consistent part time absence from work, up to the 12 weeks allowed Leave Options

10. Only if: NMSU learns of reason for FMLA after the event occurs, OR NMSU tentatively designated and authorized FMLA benefits Can FMLA be applied Retroactively?

11. Absences qualifying under FMLA cannot be counted as occurrences To ensure attendance policy is not invoked: Notification must be provided in accordance with department/unit policies and procedures FMLA & Attendance Policy

12. Request for leave is made to NMSU Benefit Services from employee or department As soon as need for leave is foreseeable Benefit Services determines employee eligibility for FMLA leave Benefit Services provides appropriate certification form to employee to be completed and returned within stated deadline. Processing FMLA

13. Once leave request is approved: NMSU Benefit Services maintains the health care provider certification and supporting documents in a secured and confidential file. NMSU Benefit Services sends approval letter to employee and department. If appropriate, supervisor/department manager submits a Personnel Action Form (PAF) to Benefit Services placing the employee on a LWP or LWOP for FMLA Processing FMLA

14. Medical release may be required before employee may return to work If appropriate, supervisor/department submits a PAF to return the employee from leave Processing FMLA (cont)

15. Supervisor/Department must keep track of time taken. Especially important for intermittent leave which must be reported to Benefit services monthly. Part-time staff members: - Are eligible for FMLA as long as they meet the Federal requirements. Record Keeping

16. Handout Materials: Benefit Services FMLA Procedures 7.20.45 Leave Policy Employee Rights under FMLA FMLA Resources

17. QUESTIONS?