10 key facts about FMLA regulations

How FMLA regulations impact on your company, your employees, and

you.

http://rapidlearninginstitute.com

1)FMLA regulations aren’t universal

• Employees need to qualify for FMLA:– Work for the company at least 12 months over a 7 year

period

– Work 1250 hours in the last 12 months

• The FMLA only applies to employers who are large enough and meet specific criteria:– 50 or more employees in a 75 mile radius

http://rapidlearninginstitute.com

2)FMLA leave guarantees…

• FMLA leave is for job protection

• 12 weeks guaranteed leave(unpaid) every 12 months

• Workers are guaranteed: – Their original job or,– A job with equal pay, benefits and

responsibility.

http://rapidlearninginstitute.com

3)The Big 6-Events that qualify for FMLA Leave

1. Birth and pre-natal care qualify for FMLA leave2. Taking time off to bond with your child after the

birth.3. Having a child placed with you for adoption or

foster care. 4. The serious health condition of an employee or

the employee’s spouse, child or parents. 5. Qualifying “exigency” 6. Covered service member care.

http://rapidlearninginstitute.com

4) There are many ways in the FMLA regulations..

• FMLA leave can be taken in three different ways:– One 12 week long block

– Intermittent FMLA leave, defined as leave taken in separate blocks of times due to a single qualifying event. It requires you to take chunks of time off over the course of a longer period of time

– Reduced leave schedule where you're basically reducing the

employee’s usual number of working hours

http://rapidlearninginstitute.com

5) What is a “serious health condition”

A “serious health condition” in FMLA regulations includes:

• A period of incapacity of more than three consecutive calendar days plus treatment by a healthcare provider. A.k.a. incapacity plus treatment.

• Inpatient care with a minimum of 1 night hospitalization• Incapacity due to pregnancy or pre-natal care, • Chronic conditions requiring treatment by a healthcare provider,• A period of incapacity that is permanent or long-term due to a

condition for which treatment may not be effective, and • Multiple treatments for non-chronic conditions that if left untreated

would be come a serious health condition.

http://rapidlearninginstitute.com

6) Incapacity + treatment=?

The new FMLA regulations define incapacity plus treatment as 3 days absent from work and:

A) Two visits to a medical care provider with visit 1 within 7 days of the first absence and visit 2 in 30 daysB) One visit and continuing treatment

http://rapidlearninginstitute.com

7)The three prongs of intermittent FMLA leave

• 1) periodic visits for treatment by a health care provider,

• 2)the illness continues over extend a period of time and

• 3) causes episodic periods of incapacity.

http://rapidlearninginstitute.com

8) Periodic Visit is not a punctuation mark

• Periodic visits to a doctor need to occur at least twice per year.

• If an employee is going to have a doctor fill out that medical certification form to explain why the person has a serious health condition and the employee is going to argue that it's chronic, they need to specify that there are going to be periodic visits and that a health care provider is going to determine the severity.

http://rapidlearninginstitute.com

9) The forms, the forms…

• The WH 380 is your universal FMLA certification form– 380 E is for employees– 380 F is for the employees’ family members

• The in-depth detail will let you make the FMLA decision

http://rapidlearninginstitute.com

10) Military FMLA Regulations

• 26 weeks of leave to care for a family member’s serious medical condition gained on Armed Forces active service

• Emergencies related to military service deployment/return qualify for leave– Legal/financial matters

– Childcare arrangements

– Counseling

– Attending military events

http://rapidlearninginstitute.com