FMLA
April 2014
What is FMLA
• FMLA stands for The “Family Medical
Leave Act”
• 1993
• Federally mandated leave
• Enforced by D.O.L.
• 3364-25-30
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
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
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
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
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.)
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)
ONE Condition per Certification
FMLA- Advance Notice
• 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.
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.
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
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
Job Restoration
• Off 12 weeks or less:
– Same job with no loss of
service
• 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.
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
BENEFIT CONTINUATION:
• Benefits cannot be cut unless nonpayment
of employee cost.
• Employee/Employer Premium share
continues to be the same as when working.
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.
SUPERVISOR RESPONSIBILITY 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.
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
NEW – Online Application Process
•
•
•
•
Located on the HRTD web page,
“MyUt” page
5 days
Email
Supervisors
• Carefully read determinations
• Note for intermittent that you should have a
discussion with the employee about
scheduling appointments.
• Note the estimated usage
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.