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10 Key Facts About Fmla Regulations


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

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10 Key Facts About Fmla Regulations

  1. 1. 10 key facts about FMLA regulations How FMLA regulations impact on your company, your employees, and you.
  2. 2. 1)FMLA regulations aren’t universal <ul><li>Employees need to qualify for FMLA: </li></ul><ul><ul><li>Work for the company at least 12 months over a 7 year period </li></ul></ul><ul><ul><li>Work 1250 hours in the last 12 months </li></ul></ul><ul><li>The FMLA only applies to employers who are large enough and meet specific criteria: </li></ul><ul><ul><li>50 or more employees in a 75 mile radius </li></ul></ul>
  3. 3. 2)FMLA leave guarantees… <ul><li>FMLA leave is for job protection </li></ul><ul><li>12 weeks guaranteed leave(unpaid) every 12 months </li></ul><ul><li>Workers are guaranteed: </li></ul><ul><ul><li>Their original job or, </li></ul></ul><ul><ul><li>A job with equal pay, benefits and responsibility. </li></ul></ul>
  4. 4. 3)The Big 6- Events that qualify for FMLA Leave <ul><li>Birth and pre-natal care qualify for FMLA leave </li></ul><ul><li>Taking time off to bond with your child after the birth. </li></ul><ul><li>Having a child placed with you for adoption or foster care. </li></ul><ul><li>The serious health condition of an employee or the employee’s spouse, child or parents. </li></ul><ul><li>Qualifying “exigency” </li></ul><ul><li>Covered service member care. </li></ul>
  5. 5. 4) There are many ways in the FMLA regulations.. <ul><li>FMLA leave can be taken in three different ways: </li></ul><ul><ul><li>One 12 week long block </li></ul></ul><ul><ul><li>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 </li></ul></ul><ul><ul><li>Reduced leave schedule where you're basically reducing the employee’s usual number of working hours </li></ul></ul>
  6. 6. 5) What is a “serious health condition” <ul><li>A “serious health condition” in FMLA regulations includes: </li></ul><ul><li>A period of incapacity of more than three consecutive calendar days plus treatment by a healthcare provider. A.k.a. incapacity plus treatment. </li></ul><ul><li>Inpatient care with a minimum of 1 night hospitalization </li></ul><ul><li>Incapacity due to pregnancy or pre-natal care, </li></ul><ul><li>Chronic conditions requiring treatment by a healthcare provider, </li></ul><ul><li>A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective, and </li></ul><ul><li>Multiple treatments for non-chronic conditions that if left untreated would be come a serious health condition. </li></ul>
  7. 7. 6) Incapacity + treatment=? <ul><li>The new FMLA regulations define incapacity plus treatment as 3 days absent from work and: </li></ul><ul><li>A) Two visits to a medical care provider with visit 1 within 7 days of the first absence and visit 2 in 30 days </li></ul><ul><li>B) One visit and continuing treatment </li></ul>
  8. 8. 7)The three prongs of intermittent FMLA leave <ul><li>1) periodic visits for treatment by a health care provider, </li></ul><ul><li>2)the illness continues over extend a period of time and </li></ul><ul><li>3) causes episodic periods of incapacity. </li></ul>
  9. 9. 8) Periodic Visit is not a punctuation mark <ul><li>Periodic visits to a doctor need to occur at least twice per year. </li></ul><ul><li>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. </li></ul>
  10. 10. 9) The forms, the forms… <ul><li>The WH 380 is your universal FMLA certification form </li></ul><ul><ul><li>380 E is for employees </li></ul></ul><ul><ul><li>380 F is for the employees’ family members </li></ul></ul><ul><li>The in-depth detail will let you make the FMLA decision </li></ul>
  11. 11. 10) Military FMLA Regulations <ul><li>26 weeks of leave to care for a family member’s serious medical condition gained on Armed Forces active service </li></ul><ul><li>Emergencies related to military service deployment/return qualify for leave </li></ul><ul><ul><li>Legal/financial matters </li></ul></ul><ul><ul><li>Childcare arrangements </li></ul></ul><ul><ul><li>Counseling </li></ul></ul><ul><ul><li>Attending military events </li></ul></ul>