FMLA April 2014 What is FMLA - PowerPoint Presentation

Slide1

FMLA

April 2014Slide2

What is FMLA

FMLA stands

for The “

F

amily

M

edical

L

eave

A

ct”

1993

Federally mandated leave

Enforced by D.O.L.

3364-25-30Slide3

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 InsuranceSlide4

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

Slide5

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 ConditionSlide6

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 weeksSlide7

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.)Slide8

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)Slide9

ONE Condition per CertificationSlide10

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.Slide11

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.Slide12

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 administerSlide13

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

InvestigationsDenialsSlide14

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.Slide15

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 takenSlide16

BENEFIT CONTINUATION:

Benefits cannot be cut unless nonpayment of employee cost.

Employee/Employer Premium share continues to be the same as when working.Slide17

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.Slide18

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.

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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 Slide20

NEW – Online Application Process

Located on the HRTD web page,

“MyUt” page

5 days

EmailSlide21

Supervisors

Carefully read determinations

Note for intermittent that you should have a discussion with the employee about scheduling appointments.

Note the estimated usageSlide22

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.eduEmails are encouraged.