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10 Key Facts About Fmla Regulations
 

10 Key Facts About Fmla Regulations

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What everyone wants to know but was afraid to ask about with FMLA regulations.

What everyone wants to know but was afraid to ask about with FMLA regulations.

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    10 Key Facts About Fmla Regulations 10 Key Facts About Fmla Regulations Presentation Transcript

    • 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
      • Birth and pre-natal care qualify for FMLA leave
      • Taking time off to bond with your child after the birth.
      • Having a child placed with you for adoption or foster care.
      • The serious health condition of an employee or the employee’s spouse, child or parents.
      • Qualifying “exigency”
      • 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.
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    • 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 days
      • B) One visit and continuing treatment
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    • 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.
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    • 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
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    • 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
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