FEM-A-LAH

1. FEM-A-LAH Alicia Hutchins Employee benefits representative Tees personnel

2. ELIGIBILITY • Employees MUST have a total of at least 12 months of state service within the past seven years AND • Employees must have physically worked 1,250 hours with the state within the 12 months prior to the need for the leave • EXCEPTION: Employees on military leave will have the hours they would have worked counted toward this requirement. • Do not discount student employees, wage employees and faculty – if they have met the criteria listed above they would qualify for FMLA

3. USES • Prenatal visits (father or mother) • Birth of a child and care for the child (bonding) • Placement of a child for adoption or foster care in the home of the employee • Serious health condition of the employee • Care for a spouse, child/stepchild, or parent (not parent-in-law) with a serious health condition • Military Family Leave • Caregiver leave • Exigency leave

4. DEFINITION OF A SERIOUS HEALTH CONDITION • A serious health condition is defined as an illness, injury, impairment or physical/mental condition that involves: • INPATIENT CARE: (i.e. an overnight stay) in a hospital, hospice, or residential care facility, including any period of incapacity OR • CONTINUING TREATMENT: by a health care provider for an incapacity: • Lasting longer than 3 days • Due to pregnancy or prenatal care • Due to treatment for a chronic health condition (i.e. asthma, diabetes, epilepsy, cancer) in which the employee is treated at least two times per year; and/or • To receive multiple treatments to facilitate recovery from a medical condition or surgery

5. RESPONSIBILITIES • University • Grant eligible employees up to 12 work-weeks of unpaid FML job-protected leave per fiscal year for specified family and medical reasons • Continue the State contribution toward health care benefits to employees on FML • Job restoration when the employee returns from FML

6. RESPONSIBILITIES • SUPERVISOR • Responsibility to your reporting employees: • Provide 12 weeks of job-protected leave for eligible employees per fiscal year • May not subject employees to discipline or retaliation for FML related absences • Guarantee job restoration for employees to return to the same or equivalent position upon return from FML • Responsibility to department FML liaison: • Must be able to recognize “triggers” of FML and report them to liaison • Act in a timely manner when trigger is recognized

7. RESPONSIBILITIES • Five FMLA Triggers: FMLA-eligible leave may be when an employee: • Notifies you that they or their spouse is pregnant, or that the family will be adopting a child or receiving a child from foster care. • Notifies you that they must take care for/or respond to needs of a family member in the military • Miss more than 3 continuous days of work with continuing treatment two or more times by a health provider • Misses work due to a chronic serious health condition; and/or • Is placed in a hospital or day care facility for any length of time • “Triggers” would include the employee’s missing work to care for a parent, child or spouse suffering from a serious health condition SUPERVISORS MUST NOTIFY THE DEPARTMENT FMLA LIAISON WHEN THEIR EMPLOYEE’S ABSENCES INDICATE A POSSIBLE FML SITUATION

8. RESPONSIBILITIES • Liaison • Main duties to include: • Ensuring the department’s compliance with FMLA • Overseeing employee FMLA leave balances and periodically reviewing the accuracy • Communicating with Human Resources if/when questions arise regarding FMLA • Distributing packets of information to employees who may need FMLA leave. Information can be found on the TEES website and should include: • Cover letter to employee designating leave as FMLA based on the criteria for eligibility • Certification of Physician or Practitioner (Employee Condition Form or Family Member Condition Form)

9. RESPONSIBILITIES • Employee • Must provide supervisor with notice requirements for FMLA and other types of leave • Must provide 30 advance days’ notice of need for FML or as soon as possible. • Must provide initial medical certification form within 15 calendar days of receiving packet • May be required to provide medical recertification every 30 days • Must contact supervisor and provide update on status to return to work periodically while on FML

10. BENEFITS • What benefits an employee on FML? • Allows employees to balance work and family life • Allows for 12 weeks of job protection • Protects the employee’s ability to afford health premium cost while out on protected leave • The employee’s PREMIUM will continue to be deducted from the employee’s paycheck if they receive a paycheck while on leave • TAMU will continue to pay the STATE CONTRIBUTION while the employee is on FML • Employees will be required to only pay the premium and NOT the state contribution while on leave without pay if protected by FMLA

11. FAQ’S • Question • What if my employee informs me that s/he does not wish to take leave under the FMLA for an FMLA related absence • Answer • Employees do not have the option of taking (or not taking) FML if absences qualify • Employers MUST designate an employee’s leave as leave under the FMLA if the absences qualify

12. FAQ’s • Question • What if my employee does not (or refuses to) provide the necessary medical documentation? • Answer • Employee will not be entitled to the benefits of the FML for absences in question • Employee will still be expected to account for any use of sick, vacation, leave without pay, and/or other appropriate leave as outlined by policy • Employee must be informed in writing if FML is denied (HR can assist with this step) • An employee who does not return the necessary documentation subjects him/herself to action otherwise prohibited by FMLA (i.e. disciplinary action, termination)

13. FAQ’s • Question • Can I use my vacation and sick leave and then use FMLA? • Answer • FMLA runs concurrently with all eligible paid leave. • Leave without pay will be used when other available paid leave has been exhausted. FML is still running concurrently with LWOP until the 12 weeks have been exhausted • FML can be used on a intermittent/reduced hour basis if supported by medical documentation or requested for birth of a child

14. FAQ’s • FMLA leave cannot be applied to the December/January holiday break; all other holidays must be counted against FML • An employee with a large number of sick leave hours has rightfully earned those hours and may use them where applicable, provided he/she continues to provide medical documentation to cover the absences (even if beyond the 12 weeks of FMLA) • When someone has exhausted all paid leave and the provided 12 weeks of FML, departments may have to make a difficult decision regarding the employee’s position. HR should be consulted if a decision to terminate due to business necessity is made.

15. FEM-A-LAH QUIZ • An employee was put on bed rest for four weeks during her second trimester. Can the employer count those four weeks against the 12 allowable weeks of FMLA leave for the birth and care of her child? Yes, the four weeks can count against the 12 allowable weeks for FMLA

16. If an employer fails to tell employees that the leave is FMLA leave, can the employer count the time they have already been off against the 12 weeks of FMLA? This one is tricky. In most situations, an employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that his/her absence has been designated as FMLA leave. The only hitch could be if the employer was not aware of the reason for the leave, then leave may be designated as FMLA leave retroactively only while the leave is in progress or within two business days of the employee’s return to work.

17. An employee is out for a full week with strep throat. She went to the doctor and got a prescription for an antibiotic. The doctor told her to follow up with him regarding her condition. Is she covered by FML? Yes, she was treated by the doctor only once but was under continuing supervision because she was asked to let her doctor know if her condition improved after taking the antibiotics. If her doctor had not prescribed antibiotics, the employee’s time off would not be protected under FMLA.

18. 4. Employee was recently diagnosed with cancer and faces major surgery that will keep him off work for roughly six weeks. The surgery is then followed by chemotherapy, which may mean he is unable to work full-time. How will both the surgery and chemotherapy be covered? The employee’s illness fits the definition of a serious health condition under the FMLA because it involves hospital care, lengthy absence, and treatment for a chronic condition. He would use FMLA for the six-week period he is off having major surgery. For the chemotherapy, he may use the remaining six weeks intermittently or by working part-time.

19. An employee’s daughter has food allergies which are sometimes so serious she has to stay home with her and which require frequent doctor’s visits. Does this qualify as a serious health condition under FMLA? Yes, the daughter’s allergies qualify as a serious health condition and the employee is entitled to use FMLA. The employee will need to inform her supervisor when she is taking leave intermittently for this reason and will need to certify in Leave Traq the use of FMLA time.

20. 6. An employee has a qualified serious health condition as outlined under FMLA. This employee has 3 weeks of sick leave and 2 weeks of annual leave. This employee wants to start his FMLA time after he takes his paid leave. Can he do this? No. It is the policy of the TAMU System that sick and annual leave run concurrent with FMLA time. Once all paid leave is used the employee will go into a leave without pay situation. Very important to notify HR so billing for premiums can be arranged.

21. 7. Tim Meekma has reported to John Winkler that this presentation bored him to the point he feels he needs to take some time off of work. Is this a qualified event under FMLA? Absolutely not! If I had to endure yet another presentation then I fully expect you to stay awake and feel enthused about FEM-A-LAH!

22. FINAL POINTS • The #1 Employer FMLA violation is: • FAILURE TO NOTIFY AN EMPLOYEE OF FMLA RIGHTS • Always present FML to your employees in a positive and helpful manner. Most employees (and employers) do not fully understand the law’s benefits and are hesitant or afraid to take FML • Pay close attention to absences – you are better to play it safe than be sorry later. Giving the FMLA paperwork and certification forms early on can protect you down the line. • Questions: contact your HR Representative at 979-458-7693 or aliciahutchins@tees.tamus.edu