The 3 Key Changes in FMLA leave


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Major changes in FMLA leave accounting and in the certification process have come into effect. Here are three key changes that will effect how you do business.

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The 3 Key Changes in FMLA leave

  1. 1. The 3 key changes in FMLA leave Clarification has arrived on Intermittent FMLA leave and FMLA regulations for “Serious Health Condition” The Rapid Learning Institute
  2. 2. FMLA regulations are now clear on… <ul><li>Intermittent FMLA leave and when employee can take it </li></ul><ul><li>The meaning of “Incapacity plus Treatment” </li></ul><ul><li>And a definition for “Chronic Conditions” </li></ul>The Rapid Learning Institute
  3. 3. Incapacity plus Treatment <ul><li>A “serious health condition” is still defined to include a period of incapacity in excess of three calendar days which also includes a subsequent treatment or period of incapacity plus: </li></ul><ul><ul><li>treatment two or more times by a health care provider </li></ul></ul><ul><ul><li>treatment one time by a health care provider which results in a regimen of continuing treatment </li></ul></ul>The Rapid Learning Institute
  4. 4. FMLA regulations say “treatment” is… <ul><li>in person </li></ul><ul><li>is not a a phone call to a doctor, and getting a return phone call back. </li></ul><ul><li>that 1 st in-person visit or in some cases, the only in-person visit, if you're falling within the criteria of one visit to the doctor plus a regimen of continuing care or an antibiotic, has to occur within seven days of the first day of incapacity. </li></ul>The Rapid Learning Institute
  5. 5. The second visit… <ul><li>must occur within the first 30 days under FMLA regulations. </li></ul><ul><li>The determination as to whether those treatments have to occur is going to be made by the health care provider. </li></ul><ul><li>is to give some comfort that were worried that all an employee would have to do is to go to the doctor one time and then schedule an appointment with the doctor a second time regardless of it was needed or not. </li></ul>The Rapid Learning Institute
  6. 6. Intermittent FMLA leave must not be scheduled to disrupt the employer <ul><li>The employee must in those cases make a reasonable effort to schedule the treatment. </li></ul><ul><li>The DOL thinks that somehow this is a slightly stronger standard. </li></ul><ul><li>They have not really provided any clear definition of reasonable effort have not provided any clear enforcement mechanism if the employee doesn’t cooperate. </li></ul>The Rapid Learning Institute
  7. 7. Theory vs. Reality <ul><li>Put a sentence about this in your intermittent FMLA policy to remind employees that when they're scheduling treatments for planned medical conditions, they have an obligation to make a reasonable effort to schedule the treatment so as to not disrupt unduly your operations. </li></ul>The Rapid Learning Institute
  8. 8. 1 day, 2 days, 3 days… Intermittent FMLA leave accounting <ul><li>Prior FMLA regulations said that the minimum accounting increment has to be based on the minimum increment of leave you have under your time record system </li></ul><ul><li>Now, account for your intermittent FMLA using increments no greater than the shortest period of time that you use to account for other leave like vacation or your personal leave or any other kind of company-provided leave, provided that it's not greater than one hour </li></ul>The Rapid Learning Institute
  9. 9. Intermittent FMLA timekeeping <ul><li>Intermittent FMLA leave can be counted in the shortest time increment used in other leave types </li></ul><ul><li>J ust because you have a time system that's capable of measuring FMLA leave in six-minute increments, doesn’t mean that that's what you have to use for your intermittent FMLA leave time calculations. </li></ul>The Rapid Learning Institute