Important information regarding FMLA<br />The material provided herein is for informational purposes only and is not intended as legal advice or counsel.<br />
What is Family Medical Leave Act (FMLA)?<br />The Family and Medical Leave Act of 1993<br />To grant family and temporary medical leave up to 12 weeks under certain circumstances without loss of employment benefits.<br />To entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition<br />
Who is eligible?<br /><ul><li>In general, to be eligible an employee must have worked for an employer for at least 12 months
have worked at least 1,250 hours in the 12 months preceding the leave
and work at a site with at least 50 employees within 75 miles. </li></li></ul><li>Steps to be Taken<br />As an employer, you receive some notification an employee has need for a leave.<br />You must first determine if the employee is eligible based on their length of employment and number of hours worked in the previous 12 months.<br />You must notify the employee within 5 business days of their eligibility.<br />
Steps to be Taken<br />If eligible, you must notify of his or her rights and responsibilities under FMLA including any paperwork to be completed by the employee.<br /> - WH-381 Notice of Eligibility and Rights & Responsibilities can be completed to notify them of their eligibility <br /> - WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition or WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition can be given to employee to determine if the condition is a qualifying event under FMLA.<br />
Steps to be Taken<br />After receiving certification from the health care provider, you must notify employee within 5 business if it is a qualifying event under FMLA. <br /> - WH-382 Designation Notice is a form that can be used to notify the employee that the FMLA request has been approved or not. This form also notifies the employee of their responsibility to provide a return to work note.<br />
Steps to be Taken<br />FMLA time will need to be tracked for each person going out on leave. This will allow you to know:<br /> -When the employee will need to be back to work based on the indication from the health care provider<br /> -if additional certification is needed to extent time<br /> -when the family medical leave has expired <br /> -if the employee has already utilized the FMLA for the year <br />
Steps to be Taken<br />Make sure the employee has provided a return to work note prior to their actual date that they return to duty.<br />Other things to be done<br /><ul><li>Post the Family and Medical Leave Act (FMLA) Poster in a designated area for employee review.
Determine the company policy is on what qualifies a year: calendar, fiscal or rolling calendar.
Develop a tracking system for employees on FMLA
Develop a form to ensure all steps are being followed for each employee out on FMLA</li></li></ul><li>References<br />For additional information or forms go to the US Department of Labor website at http://www.dol.gov/esa/whd/fmla/ or contact legal counsel. <br />Forms obtain from the US Department of Labor website include:<br />WH-381 Notice of Eligibility and Rights & Responsibilities<br />WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition<br />WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition<br />WH-382 Designation Notice<br />
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