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FMLA April 2014

Learn about the Family and Medical Leave Act (FMLA) of 1993, who qualifies, qualifying conditions, benefits continuation, supervisor responsibilities, and the online application process.

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FMLA April 2014

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  1. FMLA April 2014

  2. What is FMLA • FMLA stands for The “Family Medical Leave Act” • 1993 • Federally mandated leave • Enforced by D.O.L. • 3364-25-30

  3. Why FMLA, I have lots of sick time? • Where medical care is provided you must show proof • Sick hours are to be used in accordance with State Law • Short Term Disability Insurance

  4. Who qualifies for FMLA? • An employee who has: 12 months of service (this does not have to be consecutive) AND WORKED 1,250 hours in previous 12 months, not just paid 1250 hours

  5. What Qualifies as FMLA? • Care for a child following • Birth , Adoption, or Foster Care (Leave must conclude within 12 months of the birth or placement.) • Care for the Serious Health Condition of the employee’s • Spouse/Certified Domestic Partner • Parent/or individual who stood in loco parentis • Child under the age of 18, or 18 and older and “incapable of self-care because of a mental or physical disability” • Employee’s Own Serious Health Condition

  6. What Qualifies as FMLA Cont’d? • Watch for more than 3 consecutive days off • Military Family Leave: • The FMLA also provides certain military family leave entitlements. • 26 weeks

  7. Serious Health Condition • Means an illness, injury, impairment, or physical or mental condition that involves: • INPATIENT HOSPITAL CARE • PREGNANCY: Any period of incapacity due to pregnancy, or for prenatal care. • CHRONIC CONDITION REQUIRING TREATMENTS (e.g. asthma, diabetes, etc.)

  8. Serious Health Condition • PERMANENT/LONG-TERM CONDITIONS REQUIRING SUPERVISION (e.g. Alzheimer’s, a severe stroke, or the terminal stages of a disease) • MULTIPLE TREATMENTS (NON-CHRONIC CONDITIONS) (e.g. cancer, severe arthritis, or kidney disease)

  9. ONE Condition per Certification

  10. Foreseeable 30 days advanced notice unless there are extenuating circumstances shown to exist. Unforeseeable 5 calendar days or As soon as practicable Will be denied if rec’d more than 15 calendar days after release date unless extenuating circumstances can be proven to exist. FMLA- Advance Notice

  11. Full-Time FMLA • Full-time FMLA: • The employee is required to present a release to return to work note from their treating physician prior to returning to work for all fulltime leaves for themselves.

  12. Intermittent FMLA • Intermittent FMLA: • Employees MUST follow the proper call-in procedure, unless extenuating circumstances are present, e.g. unconscious. • Multiple FMLA • One bucket • Hardest to administer

  13. FMLA Administration • The employer may request a second opinion (at the employer’s expense – Dept. pays this cost). • A third opinion • COMMUNICATE – First line of defense • Paperwork • Investigations • Denials

  14. Off 12 weeks or less: Same job with no loss of service Job Restoration • Off more than 12 weeks, but less than 6 months: • Same job with no loss of service unless in unpaid status, then same position if available, or similar position.

  15. Job Restoration • An employee is not entitled to former or equivalent position if a reduction in work force/layoff occurs while on leave if employee would have otherwise lost their job if no leave had been taken

  16. BENEFIT CONTINUATION: • Benefits cannot be cut unless nonpayment of employee cost. • Employee/Employer Premium share continues to be the same as when working.

  17. SUPERVISOR RESPONSIBILTY • If an employee has been off for MORE than 3 consecutive work days, NOTIFY Human Resources so the appropriate paperwork can be sent. • Track employee’s usage of time, not only FMLA. • Theft in office • FMLA - note which one is being used • No Holiday pay if in unpaid status.

  18. SUPERVISORRESPONSIBILITY CONT’D • MC – ALL FMLA or approved medical leave off is to be reported on paper absence reports. If they don’t do it then the department needs to. • Notify employee that they will need to apply for a medical leave and until notified by HR that they have, they will be pointed where applicable. In order to use sick hours they need to. • Do not ask the employee what the condition is.

  19. SUPERVISOR RESPONSIBILITY CONT’D • Until you have been notified by HR (email notification) the employee is NOT on an FMLA and the employee shouldn’t say they are until notified by HR. (They can say FMLA Pending) • There is a process to approving an FMLA

  20. NEW – Online Application Process • Located on the HRTD web page, • “MyUt” page • 5 days • Email

  21. Supervisors • Carefully read determinations • Note for intermittent that you should have a discussion with the employee about scheduling appointments. • Note the estimated usage

  22. When in Doubt! • Feel free to contact me • Contact information: Debra Robertson Leave of Absence Advisor Office: 419-530-1497 Email address: debra.robertson@utoledo.edu • Emails are encouraged.

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