Fmla Employee Training V.4 Revised 02 11 09
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Fmla Employee Training V.4 Revised 02 11 09

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Fmla Employee Training V.4 Revised 02 11 09 Fmla Employee Training V.4 Revised 02 11 09 Presentation Transcript

  • The Family and Medical Leave Act: What Every Employee Should Know Presented by Randall Cumbaa, Senior Human Resource Associate Employee Relations Revised: February 2009
  • Agenda
    • Introduction to FMLA
    • Eligibility
    • Designated Leaves
    • Benefits of the FMLA
    • Unlawful Acts
    • Forms and Legal Requirements
    • Paid Leave
    • New Online Submission
  • Family and Medical Leave Act of 1993
    • The Family and Medical Leave Act (FMLA), a federal law, is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for family reasons
    • FMLA accommodates the legitimate interests of employers and minimizes the potential for employment discrimination on the basis of gender
    View slide
  • Eligibility
    • To be eligible, employees must
    • have been employed 12 months (need not be consecutive, eg: Emory Healthcare, break in service, Emory University, student employment)
    • AND
    • have worked 1,250* hours over the previous 12 months
      • 24+ hours/week for 52 weeks
      • 104+ hours/month for 12 months
      • 40 hours/week for 31.25 weeks
    • *Must be actual hours worked (does not include sick or vacation)
    View slide
  • Designated Leaves
    • An eligible employee may be granted FMLA leave for:
    • Birth and care of the employee’s newborn child
    • Adoption or foster care
    • Care for an immediate family member with a serious health condition
    • The employee’s own serious health condition
    • A qualifying military exigency
    • Care for a covered servicemember with a serious injury or illness
  • Military Exigency Birth of Child Employee Serious Health Condition Family Member Serious Health Condition Adoption or Placement 12 weeks within a rolling calendar year FAMILY AND MEDICAL LEAVE ACT 1993 Military Caregiver* *26 weeks from start of leave
  • JOB PROTECTION Student EE, EHC, EUV Previous 12 months Leave of Absence Request (written or verbally 30 days prior to effective date of leave) FMLA Eligibility (5 Business Days) FMLA Certification of Health Care Provider (30 days prior to effective date and no later than 15 days after effective date of leave) 12 months combined 1250 hours worked 12/26weeks
  • JOB PROTECTION Emory Employee FMLA Leaves of Absence DSJ-Medical Job Rel. DSN-Medical Non J.R. PER-Personal Leaves of Absence DSJ-Medical Job Rel. DSN-Medical Non J.R. PER-Personal
  • Birth and Care of Newborn Child
    • Includes periods of medical incapacity and “bonding”
    • Includes prenatal care.
    • May be taken by both or either spouse*
    • FMLA must conclude within one year of birth date
    • * When both spouses work for the same employer, a combined total of 12 weeks may be covered by FMLA
  • Adoption or Foster Care
    • Includes periods to attend meetings with lawyers, adoption agencies, counseling sessions or travel to a foreign country
    • May be taken by both or either spouse*
    • Employees must have permission to use intermittent leave for adoptions or foster care
    • FMLA must conclude within one year of adoption or placement date
    • * When both spouses work for the same employer, a combined total of 12 weeks may be covered by FMLA
  • Family Member with Serious Health Condition
    • Spouse
    • Child (biological, adopted, foster child, stepchild or legal ward under 18 yrs old OR over 18 and incapable of self-care due to a physical or mental disability)
    • Parent* (does not include in-laws)
    • Same-sex domestic partner (to the extent the individual is otherwise defined by Emory’s benefits policy)
    • *In Loco Parentis
      • Provided day-to-day care and financial support during childhood
      • Does not require a legal or biological relationship
  • 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)
    • Allow family members of military personnel to take leave for issues directly arising from the military member’s deployment
    • NOT available to family members of Regular Armed Forces
  • Qualifying Exigency
    • Spouse
    • Son/daughter/parent
      • Biological
      • In loco parentis
      • Step
      • Legal ward
      • Adopted
      • Foster
    • Regardless of age
  • Qualifying Exigency
    • Military events and related activities
    • Child care and school activities
    • Financial and legal arrangements
    • Counseling
    • Rest and recuperation
    • Post-deployment activities
    • Short notice deployment
    • “ Additional activities”
  • Military Caregiver
    • To care for a covered servicemember
      • With a serious injury or illness
      • Current members of the Regular Armed Forces, National Guard, Reserves, and TDRL
      • Excludes former members of the Regular Armed Forces and reserves and persons on the permanent disability retired list
      • Up to 26 workweeks from date of leave during a single 12 month period*
    • * When both spouses work for the same employer, a combined total of 26 weeks may be covered by FMLA
  • Military Caregiver
      • Who can take military caregiver leave?
        • Spouse
        • Son/daughter-any age
        • Parent –not parent-in-law
        • In loco parentis
        • Next of kin
        • Employee need not be the only person available to provide care
        • In-laws are not qualified
  • Serious Health Condition
    • “ Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either:
    • Any period of incapacity connected with inpatient care, or
    • Continuing treatment by a health care provider lasting more than three consecutive days and any subsequent treatment or period of incapacity due to:
  • Serious Health Condition
    • Pregnancy or prenatal care;
    • A chronic serious health condition (eg: asthma, diabetes) which may involve occasional episodes of incapacity
    • A permanent or long-term condition (eg: Alzheimer’s, stroke, terminal cancer);
    • Any absence to receive multiple treatments (eg: chemotherapy, physical therapy)
  • Serious Health Condition
    • Minor illnesses that do not qualify
    • Common cold
    • Ear aches
    • Upset stomach
    • Minor ulcers
    • Headaches other than migraines
    • Routine dental or orthodontia problems
  • Serious Injury or Illness
      • Incurred in the line of duty on active duty
      • Injury/illness inhibits performance of military duties
      • Serious injury or illness is a military provision
        • undergoing medical treatment or therapy
        • is in outpatient status or
        • is on the temporary disability retired list
      • Injury/illness must be present while the servicemember is still active in the military
  • Benefits of the FMLA
    • An employer must maintain group health insurance coverage for an employee
    • Upon return from FMLA leave, an employee must be restored to the employee’s original job, or to an equivalent job (pay, benefits, other terms of employment)
    • Use of FMLA cannot result in the loss of any employment benefit that the employee earned before the leave
    • Cannot be counted against the employee as absences (in terms of performance)
  • Unlawful Acts
    • It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA
    • It is also unlawful to discharge, discriminate, or retaliate against any individual for participating in FMLA
  • Unlawful Acts
    • Discipline may not be taken against staff for requesting/using FMLA, nor can an employee be terminated during or upon return from FMLA due to having been on FMLA.
  • Other Considerations
    • FMLA does not interfere with nor protect the employee should he/she be part of a Reduction in Force
    • Addressing performance issues upon return
  • FMLA Forms and Legal Requirements
    • Leave of Absence Request Form (30 days foreseeable or as soon as practicable)
    • FMLA Eligibility Notice (5 business days)
    • Certification of Health Care Provider Form (15 calendar days)
  • FMLA Forms and Procedures
    • Intermittent leave and reduced work schedules do not require a HRAF and leave balances are tracked and maintained by department
    • Before an employee may return to work, a provider’s release is required stating the employee can return to work with or without restrictions
  • JOB PROTECTION Emory Employee Serious Health Condition Employee, Family Member or Birth of a Child Adoption or Placement Leaves of Absence DSJ-Medical Job Rel. DSN-Medical Non J.R. PER-Personal Leaves of Absence DSJ-Medical Job Rel. DSN-Medical Non J.R. PER-Personal PAY STATUS PAY STATUS PAY STATUS Paid Sick Leave (then choice) Accrued Vacation Holidays Unpaid STD Leave w/o Pay Paid Sick Leave (then choice) Accrued Vacation Holidays Unpaid STD Leave w/o Pay FMLA Paid Sick Leave (then choice) Accrued Vacation Holidays Unpaid STD Leave w/o Pay
  • Paid Leave
    • Sick Leave
    • Vacation Leave
    • Floating Holiday
    • Salary Continuation* (Faculty or Principal)
    • Short Term Disability*
    • Long Term Disability
    • Workers Compensation*
    • *Runs concurrently with FMLA
  • Sick Leave
    • Used for periods of medical incapacity only
      • Birth of a child (either spouse or SSDP)
      • Care for immediate family member with a serious health condition
      • Employee’s own serious health condition
    • Accrued balance must be used first, then choice of:
      • Vacation
      • Floating Holiday
      • Leave w/o pay
      • STD
  • Sick Leave and Short Term Disability
    • Effective 01/01/08, sick leave does not need to be exhausted to satisfy the waiting period for short term disability.
    • This means the disability benefit starts as soon as the waiting period is satisfied, thus providing the full benefit value to employees.
  • Paid Leave
    • Birth of a Child
      • Birth Mother
          • Sick leave or salary continuation during period of medical incapacity
          • Employee choice to use vacation, holiday, leave w/o pay or STD for periods of medical incapacity when eligibility is met
          • Employee choice to use vacation, holiday or leave w/o pay during remaining “bonding” period
      • Spouse or SSDP
          • Sick leave is used for periods of medical incapacity which is certified by the provider
          • Employee choice to use vacation and holiday balances or leave w/o pay for periods of “bonding” following period of medical incapacity
  • Paid Leave
    • Adoption or Foster Care
      • Employee choice to use vacation, floating holidays or leave w/o pay
    • Family Member with a Serious Health Condition
      • Sick leave
      • Employee choice to use vacation, floating holidays or leave w/o pay
    • Own Serious Health Condition
      • Sick leave
      • Employee choice to use vacation, floating holidays, leave w/o pay or STD
  • Paid Leave
    • Military Exigency
      • Employee choice to use vacation, floating holidays, bereavement or leave w/o pay
    • Military Caregiver
      • Sick leave
      • Employee choice to use vacation, floating holidays or leave w/o pay
  • Paid Leave
    • EXEMPT EMPLOYEE (Includes Principal Employees) If an exempt employee is on Family and Medical Leave of Absence (FMLA), the employee will be paid for actual hours worked on a reduced or intermittent leave. Hours not worked on an intermittent or reduced leave will be charged against an employee’s leave balance or will be leave without pay. Thus, employers can 'dock' the pay of otherwise-exempt, salaried employees for FMLA leave taken for partial day as well as full day absences.
  • Faculty Leave*
    • Maternity
    • Parental
    • Salary Continuation
    • *Information on Provost’s website under “Academic Affairs”
  • Family and Medical Leave Act Electronic Submission & Tracking
    • Transparent
    • Enhanced communication
    • Tracks compliance
    • Eliminates paper process
    • Streamlined
  • Leave Of Absence Request (FMLA)
  • Eligibility Notice
  • Designation Notice
  • Questions?