FMLA—What Supervisors Need to Kno · FMLA What Supervisors Need to Know. Slide Show Notes\爀屮This session is about the Family and Medical Leave Act, or FMLA.\爀屮FMLA is an
Slide Show Notes This session is about the Family and Medical Leave Act, or FMLA. FMLA is an important piece of legislation that allows employees �to take unpaid leave to deal with important family and health situations. As a supervisor, you are our liaison with employees who need to take FMLA leave; therefore, you need to understand this law and the rules that apply to these situations. It’s important to keep in mind throughout this session that what you are learning about FMLA applies to you, personally, as well as to your employees. You may someday need FMLA leave yourself.
Identify the purpose and benefits of FMLARecognize when and to whom it appliesUnderstand key provisions of the lawAssist employees in handling leaves appropriatelyProtect yourself and our organization from liability
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Presentation Notes
Slide Show Notes The objective of this training session is to familiarize you with the provisions of FMLA. At the end of the training session, you will be able to: Identify the purpose and benefits of FMLA; Recognize when and to whom it applies; Understand key provisions of the law; Assist employees in handling leaves appropriately; and Protect yourself and our organization from liability.
Slide Show Notes In this session, we will discuss: The purpose, benefits, and basic provisions of FMLA; Coverage and eligibility for leave; Notice and recordkeeping requirements; How the rules affect benefits and hiring practices; Prohibitions and potential liabilities; and Intermittent leaves and reinstatement.
Guarantees reinstatement to the same or an equivalent position
How FMLA Helps Employees•
Allows leave for family and medical issues
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Provides for the maintenance of benefits•
Guarantees reinstatement to the same or an equivalent position
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Presentation Notes
Slide Show Notes FMLA is important to your employees in several ways. First of all, FMLA can help employees take care of family and medical responsibilities while still maintaining their job and career. It also allows their benefits to continue without interruption or, if they opt to interrupt them, the benefits must be reinstated when employees return to work. Most important, FMLA guarantees that your employees will be reinstated to the same or an equivalent position with the same pay and benefits if they ever have to take leave for serious family or health situations.
Federal law allows states to include more expansive provisions
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Presentation Notes
Slide Show Notes Let’s take a few minutes to review FMLA’s history. The federal FMLA was signed into law in 1993 in response to the needs of a workforce with changing demographics. In January 2008, FMLA was amended to create two new categories of leave for employees with family members serving in the military. Then, in November 2008, the Department of Labor issued final revised regulations effective January 2009. Demographic changes that prompted creation of FMLA and recent amendments included the influx into the workforce of women of childbearing age and mothers of young children concerned with child-rearing issues; a growing population concerned with issues such as disability leaves, medical costs, and insurance coverage; and growing concern about the needs of military families when a family member is called to active duty or injured in the line of duty. In other words, there was a growing national concern about balancing work and family responsibilities. FMLA was created to help. In addition, a majority of states have laws addressing employee leave rights. The federal FMLA explicitly provides that states may afford employees more expansive leave rights than those granted under federal law. For example, some state statutes apply to employers that do not meet the size requirements of the FMLA and extend leave obligations to these smaller employers. Some state statutes also allow employees a longer period of leave than the time allowed under federal law, or allow leave for purposes not covered by federal law. Make sure you know the provisions of your state’s medical and leave law and how the law differs from FMLA. Discuss key provisions of your state medical and leave law that differ from FMLA, if any.
Amount of Leave AllowedFMLA allows 12 weeks of unpaid leave for the care of:•
A newly born, adopted, or foster-placed child
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A spouse, child, or parent with a “serious health condition”
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Your own serious health condition
Presenter
Presentation Notes
Slide Show Notes Now let’s begin examining the requirements of FMLA, starting with the amount of leave allowed under the law. Federal FMLA as it was originally enacted, allows eligible employees to take up to 12 workweeks of leave during any 12-month period for the following situations: To care for a newly born, adopted, or foster-placed child; To care for a spouse, child, or parent (not parents-in-law) with a “serious health condition”; and To attend to the employee’s own serious health condition.
12 weeks of leave during a 12-month period due to a qualifying exigency arising out of a call to active duty
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26 weeks of leave during a 12-month period to care for a family member injured or ill as a result of service in the military
2008 Family Military Leave Amendment•
12 weeks of leave during a 12-month period due to a qualifying exigency arising out of a call to active duty
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26 weeks of leave during a 12-month period to care for a family member injured or ill as a result of service in the military
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Presentation Notes
Slide Show Notes The 2008 family military leave amendment to FMLA created two new categories of leave. The first provides for up to 12 weeks of leave in a 12-month period due to a qualifying exigency. This category of leave is available only when the employee’s spouse, son, daughter, or parent is a member of the Reserves and/or National Guard and is on active duty or has been notified of an impending order to active duty in support of a contingency operation. The second is Servicemember Caregiver Leave, which provides eligible employees with 26 weeks of FMLA leave during a single 12-month period to care for a spouse, son, daughter, parent, or next of kin recovering from a serious injury or illness sustained while on active duty in the military. This leave is calculated differently from other types of FMLA leave. The 12-month period begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date. This leave is applied on a per-servicemember, per-injury basis. So, an eligible employee can take more than one 26-week leave to care for a different servicemember or the same servicemember with a subsequent serious injury or illness. But, no more than 26 workweeks of leave can be taken in any single 12-month period.
FMLA allows substitution of paid leave for unpaid FMLA leave including:•
Vacation, personal, or sick leave
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Paid leave•
Short-term disability insurance
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Workers’ compensation leave
Substituting Paid Leave For Unpaid FMLA LeaveFMLA allows substitution of paid leave for unpaid FMLA leave including:•
Vacation, personal, or sick leave
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Paid leave•
Short-term disability insurance
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Workers’ compensation leave
Presenter
Presentation Notes
Slide Show Notes FMLA entitles employees to unpaid leaves of absence. An employee’s accrued paid leave may be substituted for certain FMLA purposes—at either the employee’s or our option—under the following circumstances: Paid vacation, personal leave or sick leave may be used as a payment source for all or any part of FMLA leave, as long as the employee complies with our terms and conditions for the paid leave. Substitution of paid leave does not apply where the employee is receiving paid short-term disability leave or workers’ compensation benefits. However, we can voluntarily agree with the employee to supplement the disability plan with paid leave, as long as this is allowed by state law. Regardless of whether the leave is supplemented with paid leave, the total leave is charged against the employee’s FMLA entitlement. If an employee’s occupational injury also meets the definition of a serious health condition, time on workers’ compensation leave may run concurrently with FMLA leave.
Slide Show Notes In general, the same rules for substituting paid leave for unpaid FMLA leave apply to family military leave. Employees may substitute paid personal, vacation, and family leave time for unpaid FMLA leave. The same rules apply as if the employee took FMLA leave to care for a family member with a serious health condition or for the birth or placement of a child. For serviceperson caregiver leave, an eligible employee may substitute paid personal, vacation, family leave, sick, or medical leave time for unpaid FMLA leave. The same rules apply as if the employee took leave for his or her own serious health condition. If an employee may use paid sick time to care for a family member who is ill or has suffered an injury, he or she must be permitted to substitute the paid sick time for serviceperson caregiver leave. Make sure you know if your workplace offers paid family leave and what exactly the terms, conditions, and procedures are for using that leave, including for birth, adoption, or care of a sick family member.
Slide Show Notes FMLA is available to employees due to their own serious health condition or when they are needed to care for a qualified family member with a serious health condition. FMLA defines a “serious health condition” as: A physical or mental illness, injury, condition, or impairment that involves either inpatient care (an overnight stay in a hospital, hospice, or residential care facility) or continuing treatment by a healthcare provider. Continuing treatment means treatment for more than 3 consecutive full calendar days and any later treatment or period of incapacity for the same condition that also involves: Treatment 2 or more times within 30 days of the first incapacity; or treatment by a healthcare provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of a healthcare provider. Treatment by a healthcare provider means an in-person visit to a healthcare provider, which must take place within 7 days of the first day of incapacity. Any period of incapacity because of pregnancy or prenatal care (even without treatment by a healthcare provider and even if the absence is less than 3 days); and/or A chronic, serious condition which may cause episodic periods of incapacity and continues over an extended period of time and which requires periodic visits (at least twice a year) to a healthcare provider for treatment. Any period of absence to receive multiple treatments by healthcare providers for reconstructive surgery or for a condition that would likely result in a period of incapacity of more than 3 consecutive days if untreated, such as for cancer (chemotherapy) or kidney disease (dialysis). The serious medical condition may be the employee’s own or that of a parent, spouse, or child.
Reasons for Leave: Bonding With a Child“Bonding” leave may be taken by an employee for the:•
Birth of his or her own child, or
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Placement of a child with the employee for adoption or foster care
Presenter
Presentation Notes
Slide Show Notes Employees are entitled to up to 12 weeks of leave to bond with their own newborn child, or with a child placed with the employee for adoption or foster care. Bonding leave must be completed in the �12 months immediately following the: Birth of the child, or Initial placement of a child with the employee.
Employees may take leave to care for a covered family member in the armed forces who is:•
Undergoing medical treatment, recuperation, or therapy
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In military outpatient treatment•
On the temporary disability retired list
Employees may take leave to care for a covered family member in the armed forces who is:•
Undergoing medical treatment, recuperation, or therapy
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In military outpatient treatment•
On the temporary disability retired list
Reasons for Leave: Caring for a Servicemember
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Presentation Notes
Slide Show Notes Military family leave was added to FMLA in 2008 to provide employees with protected leave to care for a covered family member who has suffered a serious injury or illness. The servicemember must: Have a serious injury or illness that was incurred in the line of duty while on active duty for which he or she is undergoing medical treatment, recuperation, or therapy; Be in outpatient status; or Be on the temporary disability retired list for a serious illness �or injury. In this case, a “serious injury or illness” means an injury or illness incurred by a covered servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating.
Slide Show Notes In January 2008, the FMLA was amended to allow qualified employees 12 weeks of unpaid leave in a 12-month period because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the armed forces in support of a contingency operation. The intent in adding this category of leave to FMLA was to help employees make necessary arrangements to cope with the call to active duty of a family member. Qualifying exigencies include: Responding to short-notice deployment, Attending military events and related activities, Attending to childcare and school activities, Receiving counseling, Attending to financial and legal matters, Periods of rest and recuperation, Post-deployment activities, and Other activities agreed to by the employee and the organization.
Would You Approve These Requests?Employee requests 12 weeks of leave: •
Wife has cancer and needs home care
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Employee used 3 weeks of leave 6 months ago for surgery
Would you approve this leave?
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Presentation Notes
Slide Show Notes An employee requests 12 weeks of leave to help care for his wife, who has been diagnosed with cancer. The employee’s wife will need to undergo chemotherapy and will require home care. The employee used 3 weeks of leave 6 months ago to recover from surgery. Unfortunately, you cannot approve this leave request because the employee will have surpassed the 12-week FMLA allowance within a 12-month period. You can allow the employee to take 9 weeks of leave, not 12—unless your state has different FMLA allowances.
Slide Show Notes An employee requests 12 weeks of leave to care for her husband. Her husband has been injured while on active duty. The employee has already used 12 weeks of leave for the birth of her child 9 months ago. Assuming that the husband’s need for care by the employee has been certified, you should approve this leave request because FMLA allows for 26 weeks to care for a family member who has been injured while on active duty and a total of 26 weeks of all types of FMLA leave within a 12-month period.
Has never requested leave beforeWould you approve this leave?
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Presentation Notes
Slide Show Notes An employee requests 30 days of leave. The employee needs inpatient treatment for alcoholism. The employee has never requested leave before. You should approve this request because alcoholism is a covered illness under FMLA.
Information on the ability to perform essential functions
Certification includes:•
Healthcare provider contact information
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The starting date and expected duration
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Medical facts•
A statement of the need for time off
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Information on the ability to perform essential functions
Medical Certification of Serious Health Condition
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Presentation Notes
Slide Show Notes FMLA allows our organization to ask for medical certification before granting leave when leave is needed for either the employee’s or a covered family member’s serious health condition or to care for a covered servicemember. Specifically, within 5 days of an employee’s request for FMLA leave, we may require that a request for FMLA leave is supported by a healthcare provider’s certification of the health condition of the person affected. We may also request certification related to servicemember caregiver leave. This certification should include: The healthcare provider’s contact information; Approximate date the serious health condition started and its likely duration; medical facts to support the need for FMLA, such as symptoms, diagnosis, etc.; A statement that the employee needs time off to attend to a serious health condition or is needed to care for a child, spouse, or parent; If the employee is ill, the certification should include a statement that the employee is unable to perform the essential functions of the job and/or any work restrictions; And, for intermittent leave (for planned medical treatment), the dates on which the treatment is expected to be given and the expected duration.
Slide Show Notes We can contact the healthcare provider for clarification or authentication of the certification. The contact can be made by an HR professional, a manager, leave administrator, or healthcare practitioner but not by the employee’s immediate supervisor. There are other privacy requirements that must be met as well. Therefore, the healthcare provider should only be contacted after consultation with the HR department or a senior executive. If the certification is incomplete, we can inform the employee in writing, specifying what information is still needed. The employee then has 7 days to correct the deficiencies.
In most cases, employees must return form within 15 days
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Certification may be required for family military leave
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Presentation Notes
Slide Show Notes The U.S. Department of Labor (DOL) has developed several new forms, including medical certification forms. Although we are not required to use this form, we must not request any more information than that called for on the DOL form. In most cases, the employee must return the completed medical certification within a reasonable time, which the regulations state is 15 days, unless there are unusual circumstances. We may delay the scheduled leave where the medical certification is not returned within the required time allotment. In cases where the employee fails or refuses to return a certification without good cause, the leave need not be treated as authorized under FMLA. The DOL has also issued a certification form we may use for requests for family military leave for qualifying exigencies. Documentation can be required to support this leave, such as a copy of active duty orders, meeting announcements, documents confirming meetings with a counselor or school official, or a bill for legal services or financial affairs. Make sure you know the medical certification our organization uses. Review the eligibility, rights, and responsibilities, designation, and medical certification form your organization uses.
Slide Show Notes A second and even third opinion may be required as outlined below: Whenever there is reason to doubt the validity of the original certification, we are allowed to require a second opinion from a healthcare provider chosen by us. This healthcare provider must not be someone employed on a regular basis by our organization. When the second opinion differs from the first, we may require the employee to obtain a third opinion. The healthcare provider for the third opinion is allowed to be someone designated or approved by us as long as the employee consents to the designated provider. This third opinion is considered to be final and binding on both the company and the employee. It overrules earlier opinions. Finally, second- and third-opinion exams are conducted at the company’s expense and can be requested whether the patient is the employee or a family member. There is an exception to this, however. We cannot request second or third opinions when the FMLA is taken to provide care for a servicemember who is recovering from an illness or injury suffered while on active duty. Second and third opinions should only be requested after consultation with human resources.
The requirements for medical certification and consultation?
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Presentation Notes
Slide Show Notes Be sure you understand: The purpose of FMLA; The amount of leave FMLA allows; What the term “serious health condition” means; When “bonding” leave is available; What the term “qualifying exigency” means; and The requirements for medical certification and consultation. Answer any questions trainees have about the information presented in the previous slides. Conduct an exercise, if appropriate.
State and local governments and most federal employers
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Presentation Notes
Slide Show Notes In this part of the session, we’ll look at who’s covered by FMLA and who’s eligible for leave. Let’s begin with who is covered by FMLA: FMLA applies to private employers that have 50 or more employees within a 75-mile radius on each working day for 20 or more weeks in any calendar year. Employees on the payroll are assumed to be employed each working day of the calendar week. In addition: Employees on paid or unpaid leave, such as a disciplinary suspension, leave of absence, or FMLA leave, are counted as long as they are reasonably expected to return to work. Part-time, seasonal, and temporary workers are counted as working for the entire week during any week they appear on the payroll. Disabled employees who are unable to work are counted only if there is a reasonable expectation the employee will return to work later. Employees on temporary or permanent layoff status are not maintained on the payroll and are not counted. Finally, independent contractors are not employees and are not counted as such. Furthermore, state and local governments and most federal employers are also covered. Make sure you know your state’s covered employers if different from federal requirements. Review your state’s covered employers if different from federal requirements.
Worked for a total of 1,250 hours in the most recent 12 months
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Presentation Notes
Slide Show Notes Now let’s look at which employees are eligible for FMLA leave. Eligibility requirements are as follows: Employees must have worked for a total of at least 12 months for our organization. In addition, an employee must have worked for a total of at least 1,250 hours in the most recent 12 months, counting backward from the date of the leave request.
Consecutive months of service not required—can be 7-year break in service
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All employees on payroll count toward 50 employee requirement
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Worksite count made at time of leave request
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50 employee requirement site-specific
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Presentation Notes
Slide Show Notes Furthermore, the 12-month service requirement does not require consecutive months of service. It includes periods of paid or unpaid leave during which we provide other benefits or compensation, such as workers’ compensation or group health plan benefits. A break in service can be as long as 7 years. If a break in service is more than �7 years but was the result of military service, the break in service will not impact eligibility for FMLA. An employee is counted as having worked during a workweek if he or she was on the payroll for any part of that week. The worksite employee count is made when the employee requests leave, not when the employee begins leave—unlike the minimum service and hours requirements. Finally, the 50 employee requirement for employee eligibility is separate and distinct from the 50 employee requirement for employer coverage. It is possible for an employer to have 50 or more employees and still have employees who are ineligible to take leave because they work at a site that is too small to satisfy the minimum size requirement. Make sure you know your state’s eligibility requirements if they are different from federal requirements. Summarize your state’s eligibility requirements if they are different from federal requirements.
Give at least 30 days’ notice or reasonable notice where leave is foreseeable
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Give notice under employer’s usual and customary notice requirements where leave is not foreseeable
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Give notice “as soon as possible” if the need for military leave is foreseeable
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Provide certification as required
Notice RequirementsEmployees must:•
Give at least 30 days’ notice or reasonable notice where leave is foreseeable
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Give notice under employer’s usual and customary notice requirements where leave is not foreseeable
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Give notice “as soon as possible” if the need for military leave is foreseeable
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Provide certification as required
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Presentation Notes
Slide Show Notes FMLA also requires timely notice, and there are notice requirements for both our organization and our employees. First, employees are required to give 30 days’ notice for foreseeable leave. If the employee states that 30 days’ notice was not practicable, we can ask the employee to explain why. If leave is unforeseeable, employees must comply with our call-in procedures for absences, unless unusual circumstances exist. Employees must provide notice of the need for leave for qualifying exigencies as soon as practicable. As we discussed earlier, we may require certification to confirm that a covered family member or servicemember has a qualifying serious injury or illness, or that an eligible employee needs leave for a qualifying exigency.
Rights and responsibilities notice (within 5 days)
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Designation notice
Notice Requirements (cont.)
We must provide:•
Eligibility notice (within 5 days)
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Rights and responsibilities notice (within 5 days)
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Designation notice
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Presentation Notes
Slide Show Notes Our notice obligations include the following: When an employee requests FMLA leave or when we have a basis to believe that an employee’s leave may be for an FMLA-qualifying reason, we must notify the employee of their eligibility to take FMLA within 5 business days, unless there are extenuating circumstances. We must also provide employees with a written notice of their rights and responsibilities. Finally, we must provide a designation notice (within 5 business days) which notifies the employee whether the leave is paid or unpaid, and whether it is FMLA-qualifying. The Department of Labor developed forms to use in each of these instances, and the notices provided to employees must include the same information.
Slide Show Notes FMLA also specifies recordkeeping requirements as follows: We must retain the following records for 3 years: Basic payroll and any identifying data, including rate or basis of pay in terms of compensation, daily and weekly hours worked per pay period, and additions to or deductions from wages; Dates FMLA leave is taken by the employee. If leave is taken in increments of less than 1 full day, the hours of leave are recorded; Copies of the employee notices of leave furnished to the employer under FMLA and copies of notices given to employees by the employer; Copies of all documents describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leave; All records of premium payments of employee benefits; and All records of any dispute between us and an employee regarding FMLA leave. Finally, medical records of employees or employees’ family members must be maintained in separate files and be treated as confidential medical records.
We must maintain: • Group health benefits• Other benefits according
to company policy
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We may count FMLA leave against employees for attendance or bonuses
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Presentation Notes
Slide Show Notes FMLA also addresses the issue of continuing employee benefits. FMLA requires that benefits continue under the following circumstances: We are required to maintain coverage for employees under any IRS-approved, workplace-provided group health plan during leave at the same level and conditions of coverage that would have been provided if the employee had not taken leave. And we are required to follow the same policies for continuing such benefits as are provided for other types of unpaid leave. Also, FMLA leave days may be counted against the employee for purposes of attendance-based bonuses or evaluations. Make sure you know our policy for continuing benefits for unpaid leaves, including FMLA leave. Discuss your organization’s policy for continuing benefits for unpaid leaves, including FMLA leave.
Changes of benefits notices must be given to employees on FMLA leave
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Benefits must pick up where they left off if employee stops them during leave
FMLA and Benefits (cont.)
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Premiums must continue to be paid•
Employees are entitled to new benefits
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Changes of benefits notices must be given to employees on FMLA leave
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Benefits must pick up where they left off if employee stops them during leave
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Presentation Notes
Slide Show Notes In addition, we must continue to pay premiums as though the employees had continued working. And employees on leave must continue their copayments. Employees are also entitled to any new health plans or benefits that are implemented during FMLA leave. We must provide employees on leave notice of any opportunity to change plans or benefits. Finally, if an employee chooses not to retain health coverage during FMLA leave, benefits must immediately be resumed at the same level as when leave began, without a qualifying period, physical examination, or exclusion of preexisting conditions upon the employee’s return to work. Make sure you know the copay requirements under our health plan and the payment schedule during FMLA leave. Discuss copay requirements under your organization’s health plan and the payment schedule during FMLA leave.
Slide Show Notes Be sure you understand about: Covered employees, Eligible employees, Notice and recordkeeping requirements, and Finally, FMLA requirements concerning employee benefits. Answer any questions trainees have about the information presented in the previous slides. Conduct an exercise, if appropriate.
Prohibitions and LiabilitiesUnder FMLA, we may not:•
Interfere with employee rights
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Retaliate against any employee
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Discriminate against or discharge employees who oppose unlawful practices
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Discharge an employee for filing charges
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Presentation Notes
Slide Show Notes FMLA prohibits certain practices and imposes liabilities for violations of the rules. We may not: Interfere with, restrain, or deny employees the rights provided by FMLA; Retaliate against any employee or a prospective employee who has exercised or attempted to exercise rights under FMLA; Discriminate against or discharge any employee for opposing any illegal practice; or Discharge or retaliate against an employee for taking part in proceedings, giving information, or testifying for any inquiry or proceeding about an FMLA claim. The final regulations issued in 2008 make it clear that employees cannot waive, nor may an employer induce an employee to waive, his or her rights under FMLA. As a result, we should never ask a candidate for employment if he or she has ever taken FMLA leave or if he or she intends to use FMLA leave in the future. The use of FMLA in the past or the possibility that an employee will need FMLA leave in the future should never be considered when making employment decisions including but not limited to decisions about hiring, promotion, discipline, termination, transfer, pay levels, etc.
We may be liable for damages if we violate employees’ FMLA rights
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You could also be liable
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We may be liable for damages if we violate employees’ FMLA rights
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You could also be liable
Prohibitions and Liabilities (cont.)
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Presentation Notes
Slide Show Notes In addition, violators of FMLA may be liable for damages equal to the amount of any wages, benefits, or other lost compensation. An employee may also recover any monetary loss that results from our organization violating an FMLA law, up to a sum equal to 12 workweeks of wages or salary for the employee. The court may also award reinstatement, promotion, or costs and attorney’s fees. And, for willful violations, we could be liable for double the actual damages and/or wages and interest. Finally, as a supervisor, you may also be subject to individual liability for FMLA violations. Supervisors who have sufficient control over an employee’s working conditions, including decisions regarding leave, can be held personally liable for violations of FMLA.
Spouses in same workplace: • Do not each get 12 weeks’
leave for bonding or to care for a parent with a serious health condition
• Are limited to a total of 12 weeks for family members on active duty or called to active duty
•
Caring for injured or ill servicemember
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Presentation Notes
Slide Show Notes Let’s consider special cases: First, a current drug or alcohol addiction is a serious medical condition covered by FMLA if, and only if, the employee is receiving treatment and/or rehabilitation from a healthcare provider and is only covered for the time spent in rehabilitation or treatment. Second, if both husband and wife work for our organization: The full amount of leave is limited to an aggregate of 12 weeks for the birth, adoption, foster care placement, or bonding of a single child OR to care for a parent with a serious health condition. Each spouse is still entitled to a full 12 weeks of leave (less any leave taken for bonding) for their own serious medical condition or a serious medical condition of their spouse, child, or parent. And, the full amount of leave is limited to 12 weeks for family members on active duty or called to active duty. The husband and wife are entitled to a total of 26 weeks during a 12-month period to care for a family member suffering from an illness or injury sustained during active duty. All eligible employees are entitled to a maximum of 26 weeks of all types of FMLA leave within a single 12-month period. Leave that qualifies as both servicemember caregiver leave and leave to care for a family member with a serious health condition during a single 12-month period cannot be designated as both types of leave. When the two types of leave overlap, the leave should be designated as servicemember caregiver leave in the first instance.
Prohibited for bonding leave unless employer allows it
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Presentation Notes
Slide Show Notes Intermittent leave is one of the most challenging and confusing aspects of complying with FMLA. In many cases, employees will take several consecutive days or weeks of FMLA leave. But in other cases, they may just need to take a few hours a day or a day now and then. We can account for leave as we do for other types of leave, as long as the increments are not greater than one hour. Leave for a serious health condition may be intermittent or reduced if medically necessary. Leave for the care of an ill or injured active duty family member may also be intermittent. Employees are obligated to make a reasonable effort to schedule planned medical treatment so as not to disrupt our operations. If the employee needs intermittent leave or leave on a reduced schedule that is foreseeable, based on planned medical treatment, or we agree to allow intermittent or reduced schedule leave for the birth, adoption, or placement of a child for foster care, we may require the employee to transfer temporarily, during the period of intermittent or reduced leave schedule. Leave for adoption, foster care placement, or the birth of a child may not be taken intermittently or on a reduced schedule unless we and the employee agree to such an arrangement, or in the case of adoption only, unless the placement is on such short notice that there is no time for the employee to schedule events related to the adoption around the work schedule. Ask trainees to describe ways their employees have used intermittent leave to cope with family or health problems. Ask them specifically to discuss the impact of intermittent leaves on their department’s schedules and workloads. What problems did they encounter? What solutions did they find?
Slide Show Notes We cannot insist on light duty for employees on nonintermittent leave, although employees can opt for it. In addition, light-duty hours do not count as FMLA leave; only hours during which the employee was off duty count against the �12-week allotment. Time worked by the employee from home may not be counted against the 12-week allotment. Ask trainees to describe their experiences with light-duty assignments for employees on FMLA leave or returning from FMLA leave. What problems did they encounter? What solutions did they find?
We may deny reinstatement if employees:• Would not have remained employed• Announce intent not to return• Have taken leave fraudulently or violated policy• Are no longer qualified to perform the job
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Qualified employees keep same or equivalent job
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We may deny reinstatement if employees:• Would not have remained employed• Announce intent not to return• Have taken leave fraudulently or violated policy• Are no longer qualified to perform the job
Reinstatement
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Slide Show Notes The last thing to consider is how to reinstate employees following FMLA leave. Here are the specifics: FMLA requires us to provide each qualified returning employee with the same position or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. We may deny or delay reinstatement under these circumstances if: We can show that the employee would not have remained employed if leave had not been taken. An employee’s rights to continued leave, health benefits, and job restoration end if and when the employment relationship would otherwise have ended—for example, because of a layoff—unless the employee remains on paid FMLA leave; The employee unequivocally advises us of his or her intent not to return to work; The employee fraudulently obtained leave or violated our policy; or The employee is no longer qualified to perform the essential functions of his or her previous position. Note: This situation could bring the requirements of another federal law—the Americans with Disabilities Act—into play. Before taking any action in such situations, be sure to consult the HR department.
We may delay reinstatement until an employee provides a fitness-for-duty certificate
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Slide Show Notes In addition, we may lawfully deny reinstatement to certain highly compensated employees or “key employees” if the following conditions are met: Denying restoration is necessary to prevent substantial and grievous economic injury to our operations; We notify the employee of our intent to deny restoration at the time we determine that substantial and grievous economic injury would occur; and In any situation in which leave has commenced, the employee elects not to return to employment after receiving the notice referenced above. Please note, however, that this exception applies only to salaried employees who are among the highest-paid 10 percent of employees within 75 miles of the facility at which the employee works. Employees must be notified in writing of their status as key employees and the consequences, with respect to reinstatement, at the time the leave is requested. This exception is rarely used and should be used as a last resort and only after consultation with HR. Finally, we may delay reinstatement until the employee provides a fitness-for-duty certificate, which may be obtained only from a medical professional. We may require the fitness-for-duty certification to address the employee’s ability to perform the essential functions of the job. Also, where there are reasonable safety concerns, we may require a fitness-for-duty certification before an employee returns to work from intermittent leave.
A second and third medical opinion may be required before approving a request for leave for an employee’s or family member’s serious health condition.An employee must give 30 days’ notice to request any FMLA leave.Our organization must pay insurance premiums while an employee is on leave, but the employee must continue to pay copayments.Employees who take leave are guaranteed to be reinstated to their previous job.FMLA applies to all private employers.
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Slide Show Notes Now let’s take a quiz about FMLA leave. Read each statement on the screen and decide if it’s true or false. You may ask an employee to provide a second and third medical opinion before approving a request for leave for the employee’s serious health condition or a family member’s serious health condition. The correct answer is true. (Note that second and third opinions cannot be required when the leave is taken to care for an injured or ill servicemember.) An employee must give 30 days’ notice to request any FMLA leave. This is also false—notice is required according to our call-in rules and procedures when leave is not foreseeable. Our organization is responsible for paying insurance premiums while an employee is on leave, but the employee must continue to pay copayments. This is true. All employees who take leave are guaranteed to be reinstated to their previous job. This is false—some employees may be transferred to a similar job or to light-duty work. Also, employees who would not have remained employed or who can no longer perform their job will not be reinstated. Reinstatement may be denied for certain “key employees.” FMLA applies to all private employers. This is false—FMLA only covers those with 50 or more employees within a 75-mile radius on each working day for 20 or more weeks in any calendar year.
To care for a family member with a serious health condition;
Due to a qualifying exigency; or
For the birth or placement of a child with the employee for adoption or foster care
Eligible employees can take up to 12 weeks of leave in a 12-month period for:
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Slide Show Notes The key points you should remember from this training session are: FMLA helps employees balance work and family responsibilities. Eligible employees can take up to 12 weeks of leave in a 12-month period for their own serious health condition, to care for a covered family member with a serious health condition; due to a qualifying exigency; or for the birth or placement of a child with the employee for adoption or foster care.
Eligible employees can take up to 26 weeks of leave in a 12-month period to care for a family member who has become injured or ill while on active dutyLeave can be taken intermittentlyWorkers generally receive benefits while on leave and are reinstated when leave expires
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Slide Show Notes Eligible employees can take up to 26 weeks of leave in a 12-month period to care for a family member who becomes injured or ill while on active duty; Leave can be taken intermittently; and Workers generally receive benefits while on leave and are reinstated when leave expires. This concludes this training session. Give trainees the quiz, if appropriate.
