FMLA Update

1. FMLA Update January, 2009

2. What is the FMLA? • The FMLA entitles eligible Employees to take up to 12 workweeks of job-protected leave in a 12-month period for specified family and medical reasons. • Exception - Military Family Leave permits up to 26 workweeks.

3. Employee eligibility • 1. Employee must be employed for at least 1 year. • 2. Employee must have WORKED at least 1,250 hours in the 12 months preceding the absence.

4. Reasons for taking FML • 1. For the birth or care of a newborn child of an Employee. • 2. For placement with the Employee of a son or daughter for adoption or foster care. • 3. For the serious health condition of the Employee or their spouse/domestic partner, child, or parent. • 4. For a qualifying exigency. • 5. For Military Family Leave.

5. What is a serious health cond? • 1. When an Employee is incapacitated for more than 3 days and: • Visits a health care provider in-person for treatment 2 or more times within 30 days of the first day of incapacity OR • Visits a health care provider in-person for treatment at least 1 time, which results in a regimen of continuing treatment (for example, a prescription). • ** the first in-person visit must take place within 7 days of the first day of incapacity**

6. What is a serious health cond? • 2. A chronic health condition that: • Requires visits to a health care provider for treatment at least 2 times per year AND • Is a condition that continues over an extended period of time AND • May cause episodic incapacity rather than a continuing period of incapacity

7. What is a serious health cond? • 3. Inpatient care involving an overnight stay in a hospital; includes subsequent treatment. • 4. Incapacity for pregnancy or prenatal care. • 5. Permanent or long term conditions – period of incapacity which is permanent or long-term due to a condition that treatment may or may not be effective for. The Employee must be under a health care provider’s care but does not need to be receiving treatment. • 6. Conditions requiring multiple treatments by a health care provider.

8. New military provisions • 1. Qualifying Exigency: • May be used when an Employee’s spouse, child, or parent is in the National Guard or Reserves and is called to active federal duty. • Examples: • making alternate daycare arrangements • making financial & legal arrangements

9. New military provisions • 2. Military Family Leave: • May be used when an Employee’s child, spouse, parent, or next of kin is a member of the armed forces and is injured in the line of duty. The family member must be: undergoing medical treatment, recuperating, going through therapy, in in-patient status, or on the temporary disability retirement list for a serious injury or illness. • This leave may last a maximum of 26 workweeks.

10. Impact on Supervisors • Supervisors and managers will no longer need to distribute FMLA paperwork. They will need to refer Employees to HR. • There is no way for OPP to count holidays as FMLA due to our payroll system, so holidays will not be coded as FMLA. (update 01/10).

11. Impact on Supervisors • Light Duty – If an Employee’s FML is running concurrently with WC and the employee is able to return to light duty (but not released to the same or an equivalent job) the Employee may decline the light duty job. So, if you have an Employee out on WC, have them work through the safety office and HR concerning returning to work. • In most cases, FML and WC will run concurrently.

12. Impact on Supervisors • Employee medical information is only permitted to be stored in the HR Department. • Supervisors may NOT contact an Employee’s doctor even if they have the Employee’s permission to do so. • In certain situations we can require medical re-certification by the Employee and/or HR can call the Employee’s doctor for clarification about a medical certification form.

13. Just a few reminders… • When you have a questionable/problematic situation, please contact HR. • If an Employee has a condition that falls under the FMLA umbrella, they must use FML. Some Employees may not want to use FML, but they must so that we are consistent. • An Employee does not have to request FML to be covered. As a representative of PSU, if you are aware of an Employee’s situation, that is enough. Just saying an Employee did not ask for FML will not hold up in court; the onus is on the Employer.

14. Just a few reminders… • When an Employee is off for FML, that time must be marked as FML on their timecard – regardless of whether they are using vacation, personal, pay deduction, or sick time (except for the holidays mentioned previously). • When an Employee has an ongoing medical condition, they must complete paperwork on an annual basis. • Keep HR informed when Employees are injured and cannot come to work unexpectedly.

15. Just a few reminders… • Employees may only use up to 40 hours of sick time per year for family members – even if they have FML paperwork filled out for a family member. • Employees may not return to work without proper documentation from their doctor (when out for a chunk of time, not intermittent). Send documentation to HR. • The documentation must state: • the day they are permitted to return. • that they have no restrictions.

16. …And remember • The expectation is not that you will know how to administer FML, but rather, you will recognize what scenarios may entitle an Employee to coverage.

17. Quick stats • There were 194 requests for FML from April – December, 2008. • 77 of those were for intermittent FML • There have been 35 requests for FML since January 1, 2009. • 13 of those were for intermittent FML

18. QUESTIONS??