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FMLA Overview

FMLA Overview. Amy Tucker - Bauldree. Overview. What is FMLA? Who can FMLA be used for? What constitutes an FMLA qualifying event? FMLA Paperwork FMLA Misconceptions Confidentiality Parental Leave Miscellaneous. What is FMLA?.

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FMLA Overview

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  1. FMLA Overview Amy Tucker - Bauldree

  2. Overview • What is FMLA? • Who can FMLA be used for? • What constitutes an FMLA qualifying event? • FMLA Paperwork • FMLA Misconceptions • Confidentiality • Parental Leave • Miscellaneous

  3. What is FMLA? • The Family Medical Leave Act (FMLA) is federal legislation enacted to provide job protection for up to 12 weeks (480 hours) an entitlement year to an employee who is experiencing an FMLA qualifying event. • Guarantees that an employee will return to the same position or a position in the same classification unless agreed upon in writing otherwise

  4. FMLA Protections • An employee can not be disciplined for FMLA-designated absences • FMLA- designated absences can’t be considered when making promotion or merit decisions • Protection is as if employee were working • Employee’s supervisor is responsible for designating absences properly

  5. FMLA Caregivers • Employee may be out on FMLA leave to care for • Self • Spouse • Child (biological and legal) • Parent

  6. For less than 15 consecutive workday absences, the employer may request Certification of Health Care Provider as documentation For more than 15 consecutive workday absences, Certification of Health Care Provider is required by UF Certification of Health Care Provider allows the physician to decide whether or not an employee is experiencing an FMLA qualifying event. Certification of Health Care Provider

  7. FMLA Qualifying events • When an employee becomes a biological parent • When a child is placed in an employee’s home after adoption or for foster care purposes • When an employee needs to care for a parent, spouse or child with a serious health condition • When an employee has a serious health condition

  8. Serious Health Conditions • A condition that requires inpatient care • Individual was incapacitated and absent from work or other activities for more than 3 calendar days, and there was “continuing treatment” by a “health care provider” or some other regimen of continuing treatment • Pregnancy and prenatal care • Continuing treatment for a chronic or long-term condition which requires periodic treatment, continues over an extended period of time, and may cause occasional incapacity • Terminal illness • Surgery, an injury, or a condition so serious that if left untreated would likely result in incapacity for more than 3 days

  9. FMLA Misconceptions • “ FMLA is additional leave provided by the government/UF “ • Fact: FMLA is not a “type” of leave- it is a designation which allows an employee to take leave they have already accrued, or leave without pay, while secure in the knowledge that his/her job is protected while on leave. • An employee may use sick and vacation time for an FMLA qualifying event, provided that the appropriate Time Recording Codes are used. (FSK, FAL) • Leave without pay should be entered as FLH

  10. FMLA Paperwork • Certification of Health Care Provider • Letter to immediate supervisor, detailing purpose of absence (medical, parental), duration of absence, and leave usage during absence • Plans for how to enter leave while you will be out

  11. Confidentiality • As with all medical documentation, Certifications of Health Care Provider are highly confidential. • If the employee chooses, CHCP may be sent directly to Central Leave. • The direct supervisor and County Operations Office will still have to be notified that FMLA medical leave is being taken, but no reasons (other than medical or parental leave) need to be given. • A supervisor may not ask details of medical leave beyond duration of absence and if appropriate paperwork has been forwarded to Central Leave.

  12. Parental Leave • For parental leave, no Certification of Health Care Provider is required unless requested by supervisor or Central Leave. • A CHCP is recommended if individual will be out for an extended period of time due to pre-natal complications • UF provides up to 6 months of parental leave, which includes the 12 week FMLA allotment. • Please contact County Operations for more details regarding parental leave

  13. FMLA Miscellaneous • FMLA paperwork and leave can be entered after the fact • TEAMS employees have different paperwork to fill out than faculty members • http://www.hr.ufl.edu/policies/fmla.htm • Great link to FMLA related information, including a 7 minute tutorial for supervisors

  14. We’re here to help! • County Operations • Amy Tucker – Bauldree • Charlotte Simmons • 352-392-1788 • Central Leave • 352-392-5732

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