FMLA (Family Medical Leave Act)

1. FMLA (Family Medical Leave Act) Top Ten Things You Need to Know Sharon McCann shmccann@indiana.edu November 14, 2007

2. #1- You need to know… the purpose of FMLA • Allows employees to balance work & family life by taking time off without affecting their employment • Provides up to 12 weeks per year • Starts anew each year • May be taken intermittently

3. #2 – You need to know… who is eligible for FMLA • IU employee for at least 12 months (does not need to be consecutive) • Worked minimum of 1,250 actual work hours in 12 month period prior to FMLA (excludes any type of paid leave not worked) • Check eligibility first • Hourly employees/past hourly service

4. #3 – You need to know… who starts the process • An employer responsibility • Applies to IU Professional staff, Support and Service staff and FMLA eligible Hourly employees • Respond within two days of knowledge of employee need

5. #4 – You need to know… what’s covered/what’s not • NOT normally covered • Common colds, sore throats, flu • Illness not causing time off work • IS normally covered • Things that lead to a SHC* • Refer to definitions of SHC* * Serious Health Condition

6. #5 - You need to know… what to share with the employeeAvoid the “why do I have to…” • IU health care continuation • Reinstatement rights • Waives maximum leave usage • FMLA protection • NOT unpaid until leave accruals are depleted

7. #6 – You need to know…to review medical certification • What to scrutinize • When to approve/disapprove • Not requested for births/child placements • How to handle the questions • Don’t call the care provider!

8. #7 – You need to know… what pitfalls to avoid • Intermittent leave guidelines • Foreseeable leave approvals • Recertifications • When to say/not say “enough” • Avoidance of discipline?

9. #8 – You need to know… how to handle decreasing performance due to illness • Don’t avoid FMLA by “enabling” and lessening duties • Give the employee a chance to perform

10. #9 – You need to know… how to address poor performance during FMLA • No discipline for taking FMLA • Discipline for poor performance is possible during FMLA • Be fair, reasonable and consistent

11. #10 – You need to know… when to call for help • Medical certification is suspicious • Second/third opinions • When it “crosses over” • Corrective Action • Accommodation and ADA • Can no longer perform the duties • Questions are welcome • Other training available(LCS, processor, review)