Family Medical Leave Act

1. Family Medical Leave Act Municipality of Anchorage Employee Relations-Benefits

2. Session Objectives • Overview of Family Leave Laws • Employee’s Role • Supervisor’s Role • Leave Administrator’s Role • FMLA Packet • Workers Comp-FMLA-ADA

3. When an employee is eligible under both Acts, the entitlements run concurrently Entitlements Family & Medical Leave Act of 1993 (FMLA) Provides a job-protected absence for up to 12 weeks in a 12 month period to eligible employees for a qualifying condition. Alaska Family Leave Act of 1992 (AFLA) Parental Leave: Provides a job protected absence for up to 18 weeks in a 12 month period to eligible employees for pregnancy, childbirth, or adoption. AND Serious Medical Conditions: Provides a job protected absence for up to 18 weeks in a24month period to eligible employees for a qualifying condition.

4. Who is an Eligible Employee? • All employees who meet the employment thresholds. (including executive, seasonal, part-time etc) For FMLA: • employed by the MOA for at least 12 months; and • worked at least 1,250 hrs over the past 12 months. For AFLA: • employed by the MOA for at least 6 months • paid or approved LWPstatus for 910 hours • 35 hrs/wk for at least 6 consecutive months • 17.5 hrs/wk for at least 12 consecutive months

5. Reasons for Taking Family Leave • For a serious health condition that makes the employee unable to perform their job • To care for an employee’s family member who has a serious health condition • To care for an employee’s child after birth, placement for adoption, or foster care (FMLA only)

6. Who are Family Members? • Spouse • Legally married • AFLA - Same sex domestic partners • Child • biological, adopted, stepchild, or legal ward who is under the age of 18 or for an older child because of a physical or mental disability is incapable of self care. • FMLA - also includes a foster child or a child of a person standing “in loco parentis”. • Parent • FMLA - biological or individual who stands or stood “in loco parentis”. • AFLA - biological, adoptive, parent-in-law or step-parent.

7. What is a Serious Health Condition? An injury, illness, impairment or physical or mental condition that involves one of the following: • Hospital Inpatient Care-overnight stay • Absence Plus Continuing Treatment • Pregnancy/Prenatal Care (including pregnancy complications, delivery and recovery) • Chronic Conditions Requiring Treatments • Permanent/Long-term Conditions Requiring Supervision • Multiple Treatments (Non-chronic Conditions)

8. May Be Qualifying appendicitis emphysema heart attack stroke cancer Probably Not Qualifying common cold ear infection flu minor ulcers allergies Determining a Serious Health Condition The Leave Administrator will make the final determination of a serious health condition

9. Other Definitions “Incapable of self care” - when an individual requires active assistance or supervision in daily activities to appropriately care for their own hygiene, nutritional needs, and safety. “Incapacity” - inability to work, attend school, or perform regular daily activities due to the serious health condition. “In loco parentis” - those with the day-to-day responsibilities to care for and financially support a child or, who had such responsibility for the employee when the employee was a child. “Needed to care for” - includes physical and/or psychological care when the family member is incapable of self care for his/her own basic needs. “Physical or mental disability” - a physical or mental impairment that substantially limits one or more of major life activities.

10. New Statutory Entitlement • On January 28, 2008 President Bush signed the national Defense Authorization Act for Fiscal Year 2008. • Law amends the FMLA to provide extended leave for family members to care for ill or injured service members.

11. Leave Care • Up to 26 weeks of unpaid leave in a single 12 month period • Son, daughter, spouse, parent, or next of kin of a covered service member

12. Definitions • Covered service member-Armed Forces, National Guard or Reserves who is undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status, or is otherwise on the temporary disability retired list. • Serious injury or illness-incurred in the line of active duty which may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating. • Active duty-under a call or order under a provision of law as defined by the US Code.

13. Review & Compare

14. Concurrent & Non-concurrent Family Medical Leave • If the event qualifies under both FMLA laws the entitlement time will run concurrently. • Events that qualify under state AFLA but not under federal FMLA won’t run concurrently and won’t exhaust federal FMLA entitlement.

15. Concurrent Events Under FMLA & AFLA • Parental, birth, adoption • Employee’s serious health condition • Employee’s family members serious health condition • Spouse • Child under 18 or disabled older child • Parent or loco parentis

16. Non-concurrent Events Under FMLA & AFLA

17. Leave Usage • Accrued leave must be exhausted before leave-without-pay is taken. • Other than banked leave hours & 80 hours retained NCS • Currently, banked hours may be used at employees discretion • Donated leave requests should be submitted to Director of Records & Benefits ~ ERAuthorizations@muni.org • catastrophic events • not for maternity or Parental leave • Paternity leave must be taken within 12 mths of birth • Paternity leave must be taken in one continuous time-not intermittent or reduced work schedule

18. What does Family Leave do for an Employee? • Allows time off for family medical reasons • Job protection during the absence • Continues health care coverage • FMLA 12 weeks • Protects employment benefits that accrued prior to the absence

19. Employee Responsibilities • Provide 30 days notice when possible • Disclose a qualifying reason. • Submit a completed Request for FMLA form to LeaveAdministrator@muni.org or fax to 249-8010 Notification may be received from Supervisor if employee is unavailable • Provide a completed Certification of Health Care provider form • Make arrangements if in leave without pay for benefit co-pays prior to returning to work at 343-6882

20. Employee Responsibilities • Provide updates to Leave Administrator of FMLA status, changes, and expected return to work date. • Provide a Fit-for-Duty Statement 2 days prior to RTW • Provide a physician’s statement of treatment for intermittent leave • Pre-arrange schedule with supervisor • Submit written request to bank leave hours • AMEA up to 80 hours • All other except IBEW employees up to 40 hours

21. Certification of Health Care Provider (CHCP) The MOA requires a completed Certification of Health Care Provider form to document a serious health condition • Employee • Family member • Parental Leave only requires the one page CHCP

22. Supervisor’s Responsibilities • Inquireabout the absence, be aware of qualifying conditions, • Is the absence for the employee or a family member? • Invokefamily leave conditionally if the employee is unavailable. • Complete the Request for FMLA and send to the LeaveAdministrator@muni.org • Inform the Leave Administrator • Fax Request to 249-8010 • Populate the Kronos Time card if leave is intermittent

23. Leave Administrator’s Role • Confirm eligibility • Make final determination • Request clarification of CHCP • Send Designation Notice • Notify supervisor and payroll specialist • Initiate event and Case Management • Provide communication to supervisor and payroll specialist on return to work status or extension of time

24. Communication is the Key • Notify the Leave Administrator if there are: • changes in the condition and/or expected absences, or • other issues/concerns in conjunction with family leave • The Leave Administrator informs the Supervisor: • if an employee qualifies for family leave, • When entitlements are denied • of expected absences and the duration, and • when entitlements will expire/exhaust

25. Record Keeping • Employee Relations maintains the official medical file for an employee. • Medical files are confidential and must be kept secure and separate from performance and payroll records.

26. Bermuda Triangle • Workers Compensation • FMLA or AFLA • ADA Reasonable Accommodations Be Aware & Start a Dialog Presented By Herb Wilden

27. Resources • Family & Medical Leave Act - 29 CFR 825 • Alaska Family Leave Act - AS 39.20.500 • Leave Administrator – 343-4412 Bonnie Scarborough

28. CONTACTS • MOA Health Benefits benefits@muni.org Fax: 343-4454 • Employee Relations Authorizations erauthorizations@muni.org Fax: 249-7658 • Leave Administrator leaveadministrator@muni.org Fax: 249-8010