Downloaded 23 times
Family Medical Leave Act (FMLA)
- 2. • Widely used,very popular • Complex law • Personal Liability-You are a Legal Agent of Spacesaver- What you, as a manager, say, do, see, write down, are told, you do on behalf of Spacesaver.
- 3. The Family andMedical Leave Act (FMLA) is a federal law passed in 1993, revised in 2009, and March 8, 2013. The FMLA requires employers to: Grant leave for: family, military, and medical circumstances.
- 4. The FMLA hasserved as the cornerstone of the Department of Labor’s efforts to promote work-life balance since President Clinton signed the legislation in 1993. • Workers should not have to choose between the job they need and the family members they love and who need their care • Recognition that workers aren't just contributing to the success of a business, but away from their jobs they are contributing to the health and well-being of their families. • Potentially boosts productivity, improves morale, and benefits the economy.
- 5. • Have beenemployed by us for at least 12 months AND • Have worked at least 1,250 hours during the 12 months preceding start of FMLA leave. (1,000 for Wisconsin FMLA) NOTE: A team member’s hours as a contractor may count towards the hours requirement.
- 7. Exigency Leave: Calledto active duty as part of a contingency operation. Can include time before and after duty to get personal affairs in order. Leave to care for: a covered service member with a serious injury or illness occurred during active duty status. (up to 26 weeks per calendar year) Reserves, National Guard, Regular and Retired Armed Forces or Reserves
- 8.
- 9. Harvey has calledin with the Flu for the past 2 days; he went to see his doctor once already and was given a prescription for Tamiflu. Harvey doesn’t think he’ll be better for a few more days. Can he qualify for FMLA? Yes. While the Flu itself is not always a serious medical condition, it can be. Harvey had one in person visit with a doctor and was put on a regimen of continuing treatment.
- 10. Tyler and hisfamily have a head lice infestation. Tyler purchased over the counter head lice shampoo and has treated himself and his family members. The bottle recommends repeating in 7-10 days. Would this qualify for FMLA? No. While lice are not something that we would want to spread, the treatment that Tyler has undergone does not meet the requirement for a Serious Medical Condition. However, if he were to see a doctor and receive prescription shampoo, this would qualify.
- 11. Sandy suffers fromsevere headaches once or twice a month. She would like to be excused from work when these headaches come on. Would Sandy be covered under the FMLA? Likely, yes. These would probably be considered migraine headaches which would fall under intermittent FMLA and Sandy would just need to identify the need for FMLA each time she suffers from a migraine and complete the appropriate paperwork.
- 12. Marcia has abad cold; runny nose, sneezing, coughing, and sore throat. She doesn’t like doctors so she hasn’t gone to see anyone but she is taking over the counter cold medicine. She feels like it would be best to rest and recuperate at home. She doesn’t think she can concentrate here and doesn’t feel like she can work safely. Can Marcia qualify for FMLA? No. So far, Marcia’s cold does not meet the conditions of a Serious Medical Condition. While we don’t want to spread illness and we want our team members working safely, this would be a PTO event not FMLA.
- 13. Shondra has beendown in the dumps lately. Her mother passed away a few months back and she took 2 weeks of FMLA time to deal with depression. It’s evident that she’s still having a hard time dealing with things. She comes to work looking very tired and isn’t as focused as she usually is. She calls in one day and leaves a message saying that she needs to take a couple of days to “get her head together”. Do you think that Shondra’s time off would qualify for FMLA?Probably. Because we already know that she has a history of depression, we have an obligation to assume that getting her head together means she’s still struggling with the same “covered” condition. This should trigger re-certification.
- 14. FMLA provides forup to 12 weeks of leave in a 12- month period. • Spacesaver tracks FMLA time on a calendar year basis • FMLA also provides for up to 26 weeks of leave in a single 12-month period to care for a family member who is injured or suffers a serious illness while on active duty. • Wisconsin FMLA offers lesser amounts of leave. Federal and Wisconsin FMLA run concurrently. Leave can be taken on a continuous basis or, for chronic conditions, intermittently.
- 15. • Parent -A biological, adoptive, step or foster father or mother, or someone who stood in loco parentis to the team member when the team member was a son or daughter. Parent, for Federal FMLA purposes does not include in-laws. However, in-laws are covered under Wisconsin FMLA. • Spouse - A husband or wife as defined or recognized under state law for purposes of marriage in the state where the team member resides, including common law marriage, domestic partnerships, and same-sex marriage. • Son or Daughter - For leave other than military family leave, a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age, or 18 or older and incapable of self-care because of a mental or physical disability.
- 17. Joe Smith’s girlfriendis pregnant and is on bed rest. Can he take FMLA to care for her? Monica’s step-daughter broke her leg during a weekend skiing trip and now requires surgery to repair it. Recovery could take 6-8 weeks. Can Monica take FMLA to care for her? Yes. Both Federal and Wisconsin FMLA recognize step children as a covered family member. No, but he can take FMLA for the birth of the child and care of the child after birth.
- 18. Wyatt has livedwith Amy for 3 years and they own a home together and have children together but are not married. Amy had some complications after a surgery and Wyatt would like to take FMLA to care for her, would this qualify? Molly Sue’s grandmother is very ill and needs help with everyday tasks like bathing, dressing, and eating. Can Molly take FMLA to care for her?Likely, yes. This might fall under Domestic Partnership for the Wisconsin FMLA. (2 weeks) Generally, no. But, if Molly were to have been raised by her Grandmother then she would be considered “in loco parentis”.
- 19. Your team member,Dave Doe is in a same sex relationship with Steve Smith. Dave and Steve have lived together for 7 ½ years and did have a Civil Union ceremony last summer while vacationing in Vermont. Steve needs to have surgery on his shoulder; can Dave take FMLA to care for Steve during his recovery? Javier just found out that his father in-law is very sick and he needs to go to Mexico to care for him. Would this be covered under FMLA? Maybe. While Wisconsin does not recognize Civil Unions, Domestic Partnerships (registered or unregistered) are recognized. (2 weeks) Yes, but only under Wisconsin FMLA (2 weeks). Federal FMLA does not recognize parent-in-laws as covered family members.
- 20. • Provide sufficientinformation to make employer aware of need for FMLA- qualifying leave. Even subtle information may be enough. • Provide timely notice of the need for leave • Consult with employer regarding scheduling of planned medical treatment • Comply with employer’s usual and customary procedural requirements for requesting leave.
- 21. • The Familyand Medical Leave Act allows employers to require team members to submit certification of the need for FMLA leave. Human Resources provides the appropriate form to team member who may have a FMLA circumstance and handles all follow-up on medical certifications. • Certification may be required for the: Team member’s serious health condition. Family member’s serious health condition. Qualifying exigency for military family leave. Serious Injury or illness of covered service member for military family leave
- 22. happens when theFMLA is exhausted? Just because the FMLA provides specified amounts of unpaid leave time does not mean that we can always terminate when that time is used up. Request additional information from their doctor. (has the team member reached a healing plateau? Is there an anticipated release date?) Consider if it’s reasonable to allow additional time- err on the generous side American’s with Disabilities Act (ADA)
- 23. Employers cannot: • Interferewith, restrain or deny team members’ FMLA rights • Discriminate or retaliate against a team member for having exercised FMLA rights • Discharge or in any other way discriminate against a team member because of involvement in any proceeding related to FMLA • Use the taking of FMLA leave as a negative factor in employment actions
- 24. Same Pay. Ateam member is entitled to the same salary or hourly compensation, as well as any opportunities to earn extra money, that were previously available. Same Benefits. The equivalent position must offer the same benefits, at the same levels. Same Job duties. The job duties must be substantially similar to those of the former job.. Employers get in trouble when the “equivalent "position starts to look more like a demotion. Same Shift and schedule. Ordinarily, a team member is entitled to be returned to the same shift and to the same or an equivalent schedule. Same Worksite. A job at a different worksite is not an equivalent position if it significantly increases the team member’s commute in time, distance, or both
- 26. Trish is afork lift driver, loading trucks. Upon return from leave, since her job had been filled, she is moved to the shipping department manually loading trucks at the same rate of pay. Would this be considered an equivalent position? No. The duties of the new position are different. The work she would be expected to perform is manual and her previous position was not.
- 27. Sam is aFedEx/UPS coordinator for the Assembly A area. Upon return from leave, he is assigned as a FedEx/UPS coordinator for the Assembly B area. Same rate of pay, same job duties. Different Supervisor. Yes. This new positions entails the same duties, takes place at the same facility, and offers the same pay.
- 28. • Short TermDisability: STD is a type of paid leave. Only a team member’s own serious medical condition would qualify. STD runs concurrently with FMLA. See policy. • Paid Time Off (PTO): Spacesaver’s PTO policy offers team members a set number of paid days each year to use to cover days away from work. • Personal Leave of Absence: Personal Leaves can be granted for reasons not qualified for FMLA. 2 or more days off of work. Only approved after all PTO time is exhausted. See Policy.
- 29. 1. NOTIFY HUMANRESOURCES: If a team member is out 3 or more days OR if there is, even subtle, information to suggest the need for FMLA. 2. HR PROVIDES FMLA PAPERWORK AND INFORMATION TO TEAM MEMBER -15 day deadline to return paperwork begins 3. HR REVIEWS PAPERWORK AND DETERMINES QUALIFICATION. Clarification requests may be made. 4. HR NOTIFIES TEAM MEMBER. Tracking of FMLA time begins back to the first day of absence. 5. WHEN FMLA LIMIT IS APPROACHING, HR NOTIFIES TEAM MEMBER AND REQUESTS ADDITIONAL INFORMATION FROM PHYSICIAN. 6. HR SEEKS ADVICE FROM OUR ATTORNEY. If reasonable accommodations can be made, the team member is brought back to work. If team member is unable to return with reasonable accommodations, termination is sought.
Editor's Notes
- #2 Hello, and welcome to The Who, What, Whys and Hows of The Family and Medical Leave Act. This presentation is geared towards supervisors, managers and any team member wishing to gain a basic understanding of FMLA.
- #3 Why do I need to learn about FMLA? The Family and Medical Leave Act, aka FMLA, is a very popular law that assists team members in balancing their home and work life when medical issues arise. It’s important to understand how this law, and our own FMLA Policy, effects Spacesaver and our team members. There is also an element of personal liability involved in FMLA so it’s important that managers and supervisors are aware of this. What you, as a manager, say, do, see, write down, are told, you do on behalf of Spacesaver. For FMLA purposes, you are considered a Legal Agent of Spacesaver.
- #4 The Family and Medical Leave Act (FMLA) is a federal law passed in 1993, revised in 2009, and March 8, 2013. The FMLA requires employers to: Grant leave for: family, military, and medical circumstances. Basically, The FMLA is a law that was created to protect a team members job when they need to be away from work for covered family, medical or military reasons.
- #5 Thank you, Mr. President! The FMLA was signed into law by President Bill Clinton in an effort to promote work-life balance. This law helped to reinforce the knowledge that workers aren't just contributing to the success of a business, but away from their jobs they are contributing to the health and well-being of their families. Furthermore, this legislations emphasized that people shouldn’t have to choose between the job they need and the family that they love and when they are given this flexibility it can boost productivity, improve morale and benefit the economy.
- #6 Who is eligible to use FMLA time? Under the Family and Medical Leave Act, a team member must have completed 12 months of service and worked at least 1, 250 hours to be eligible for protected time off the job. It’s also important to note that a team member’s hours worked as a temporary team member may count towards this hours requirement.
- #7 WHAT circumstances qualify for leave under The FMLA? There are five main categories of circumstances covered under The FMLA: Birth of a child, Placement for adoption or foster care, Care for a qualified family member, Serious health conditions, and Qualifying military exigencies.
- #8 WHAT about Military leaves? The FMLA covers 2 types of leave related to Military service. The first type is Military Exigency leave, this leave allows covered time off of work to prepare for a call to active duty and time upon return to get personal affairs in order. The second type of leave is Military Caregivers leave, this leave allows time for the care of a family member that was injured during active duty.
- #9 Let’s go through a few scenarios and see if you can tell which would qualify as Serious Medical Conditions.
- #10 Harvey has called in with the Flu for the past 2 days; he went to see his doctor once already and was given a prescription for Tamiflu. Harvey doesn’t think he’ll be better for a few more days. Can he qualify for FMLA? Yes. While the Flu itself is not always a serious medical condition, it can be. Harvey had one in person visit with a doctor and was put on a regimen of continuing treatment.
- #11 Tyler and his family have a head lice infestation. Tyler purchased over the counter head lice shampoo and has treated himself and his family members. The bottle recommends repeating in 7-10 days. Would this qualify for FMLA? No. While lice are not something that we would want to spread, the treatment that Tyler has undergone does not meet the requirement for a Serious Medical Condition. However, if he were to see a doctor and receive prescription shampoo, this would qualify.
- #12 Sandy suffers from severe headaches once or twice a month. She would like to be excused from work when these headaches come on. Would Sandy be covered under the FMLA? Likely, yes. These would probably be considered migraine headaches which would fall under intermittent FMLA and Sandy would just need to identify the need for FMLA each time she suffers from a migraine and complete the appropriate paperwork.
- #13 Marcia has a bad cold; runny nose, sneezing, coughing, and sore throat. She doesn’t like doctors so she hasn’t gone to see anyone but she is taking over the counter cold medicine. She feels like it would be best to rest and recuperate at home. She doesn’t think she can concentrate here and doesn’t feel like she can work safely. Can Marcia qualify for FMLA? No. So far, Marcia’s cold does not meet the conditions of a Serious Medical Condition. While we don’t want to spread illness and we want our team members working safely, this would be a PTO event not FMLA.
- #14 Shondra has been down in the dumps lately. Her mother passed away a few months back and she took 2 weeks of FMLA time to deal with depression. It’s evident that she’s still having a hard time dealing with things. She comes to work looking very tired isn’t as focused as she usually is. She calls in one day and leaves a message saying that she needs to take a couple of days to “get her head together”. Do you think that Shondra’s time off would qualify for FMLA? Probably. Because we already know that she has a history of depression, we have an obligation to assume that getting her head together means she’s still struggling with the same “covered” condition. This should trigger re-certification.
- #15 Double HOW on this one! How and for How long? Spacesaver tracks FMLA time on a calendar year basis. This means that each January 1st, your FMLA hour glass gets flipped back over and you get another 12 weeks of basic FMLA and 26 weeks of leave for Military Care Givers. Leave can be taken continuously such as in the case of a surgery that requires 4 weeks off. Or, it can be taken intermittently for cases that when flare ups of a condition may happen or recurrent treatment is required.
- #16 FMLA time can be used to care for a qualifying family member will a serious medical condition. Parents, Spouses, and children are all considered qualifying family members. Under the FMLA, a parent is defined as biological, adoptive, step, foster or some who stood in loco parentis. In loco parentis means that a person acted in place of a parent. An example would be someone that is raised by their aunt and uncle. A spouse is defined as a husband or wife as defined or recognized under state law for purposes of marriage in the state where the team member resides. Wisconsin law recognizes both registered and unregistered domestic partnerships. A child is defined as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age, or 18 or older and incapable of self-care because of a mental or physical disability.
- #17 Let’s see if you’ve been paying attention! The next few questions will test your knowledge regarding caring for family members with a serious health condition.
- #18 Monica’s step-daughter broke her leg during a weekend skiing trip and now requires surgery to repair it. Recovery could take 6-8 weeks. Can Monica take FMLA to care for her? Yes. Both Federal and Wisconsin FMLA recognize step children as a covered family member. Joe Smith’s girlfriend is pregnant and is on bed rest. Can he take FMLA to care for her? No, but he can take FMLA for the birth of the child and care of the child after birth. The care of a girlfriend is not covered under the FMLA.
- #19 Wyatt has lived with Amy for 3 years and they own a home together and have children together but are not married. Amy had some complications after a surgery and Wyatt would like to take FMLA to care for her, would this qualify? Likely, yes. This might fall under Domestic Partnership for the Wisconsin FMLA. (2 weeks). Molly Sue’s grandmother is very ill and needs help with everyday tasks like bathing, dressing, and eating. Can Molly take FMLA to care for her? Generally, no. But, if Molly were to have been raised by her Grandmother then she would be considered “in loco parentis”.
- #20 Your team member, Dave Doe is in a same sex relationship with Steve Smith. Dave and Steve have lived together for 7 ½ years and did have a Civil Union ceremony last summer while vacationing in Vermont. Steve needs to have surgery on his shoulder; can Dave take FMLA to care for Steve during his recovery? Maybe. While Wisconsin does not recognize Civil Unions, Domestic Partnerships (registered or unregistered) are recognized. (2 weeks) Javier just found out that his father in-law is very sick and he needs to go to Mexico to care for him. Would this be covered under FMLA? Yes, but only under Wisconsin FMLA (2 weeks). Federal FMLA does not recognize parent-in-laws as covered family members.
- #21 The Family and Medical Leave Act not only defines the responsibilities of employers but also puts some responsibility on the shoulders of team members. Let’s take a quick look at those. Team members are required to provide sufficient information to make Spacesaver aware of the need for leave. Be careful here, even subtle information may be enough to require us to offer FMLA paperwork. In general, the team member must give at least 30 days advance notice of the need to take FMLA leave when he or she knows about the need for the leave in advance and it is possible and practical to do so. Emergency situations require notice as soon as practically possible. For planned medical treatment, the team member must consult with their manager and try to schedule the appointment at a time that minimizes disruption to the business. It’s also the resistibility of the team member to follow Spacesaver’s procedure for requesting and documenting leave.
- #22 How do we know if a team member’s leave will be covered under The FMLA? There’s a form for that!! There are specific forms that are used to determine eligibility under this law. Some of the forms the team member will fill out and other forms their doctor will need to fill out. A team member has 15 days from the date that we issue the forms to get everything completed and returned to Spacesaver. If all of the required forms are not returned by the deadline, the leave could be denied coverage under The Family and Medical Leave Act.
- #23 Just because the FMLA provides specified amounts of unpaid leave time does not mean that we can always terminate when that time is used up. When a team member is approaching the limit of their approved FMLA time, there are several things to consider. We need to consider the probability of the team member being released to work in the near future. Is it reasonable to wait a little longer? We would also want to consider Spacesaver’s ability to accommodate a return to work with restrictions. If the accommodations that we would need to make are reasonable we would need to offer those accommodations. The FMLA and the Americans with Disabilities Act overlap in situations involving the health of our team members and not offering reasonable accommodations could put as at legal risk.
- #24 There some specific things that we, as an employer, cannot do under the Family and Medical Leave Act. Basically, we are required to offer and allow FMLA leave and a team member’s employment cannot be negatively impacted because of their use of FMLA leave. A few examples are: a team member must be reinstated to the same or equivalent position, any pay increases or bonuses that they would have received must be paid and they must continue to be eligible for any other benefits. A great example of this is Perfect Attendance. A team member’s FMLA leave time must not be counted against them in regards to Perfect Attendance.
- #25 What the heck in an equivalent position? An equivalent position basically means that the team member returns to work at the same rate of pay, has the same benefits, the same job duties, and the same schedule at the same worksite. Minor differences in job duties are allowed but overall the position that a team member returns to after an approved FMLA leave must be substantially similar to the one they had prior to leave.
- #26 Let’s take a look at some situations where the equivalence of a position is in question. Can you identify the difference between positions that would be okay to return a team member to and those that might put Spacesaver in a risky spot?
- #27 Trish is a fork lift driver, loading trucks. Upon return from leave, since her job had been filled, she is moved to the shipping department manually loading trucks at the same rate of pay. Would this be considered an equivalent position? No. The duties of the new position are different. The work she would be expected to perform is manual and her previous position was not.
- #28 Sam is a FedEx/UPS coordinator for the Assembly A area. Upon return from leave, he is assigned as a FedEx/UPS coordinator for the Assembly B area. Same rate of pay, same job duties. Different Supervisor. Yes. This new positions entails the same duties, takes place at the same facility, and offers the same pay.
- #29 We do have other options available for handling leaves that either don’t qualify under the FMLA or when a team member has exhausted their FMLA time. We already know that FMLA leave is unpaid leave. But, what about pay while I’m out? I can’t afford to be out for several weeks without pay! Spacesaver’s Short Term Disability plan may help provide some income while a team member is out for their own serious medical condition. Paid Time Off or PTO can be used to supplement pay for leaves that don’t qualify for Short Term Disability pay. Spacesaver also offers the ability for team members to request an unpaid Personal Leave. Personal Leaves can only be requested once all of a team members PTO time has been exhausted.
- #30 The steps above are a brief overview of the process that Human Resources uses throughout the course of a FMLA case. Step 1: If a team member is out 3 or more days OR if there is, even subtle, information to suggest the need for FMLA, please notify HR. Step 2: HR provides necessary forms and team members have 15 days to return them. Step 3: HR will review the paperwork and determine qualification. Step 4: HR notifies the team member of eligibility. Step 5: When the FMLA limit is approaching, HR will notify the team member and request additional information from the physician. Step 6: If a team member has exhausted their FMLA time and are unable to return to work with reasonable accommodations, HR will consult with our attorney and decide if termination is appropriate. The most important thing for you to remember is that if you have a team member that is out 3 or more days OR if there is, even subtle, information to suggest the need for FMLA, PLEASE NOTIFY HUMAN RESOURCES.
- #31 Thank you for taking the time to become educated on this important law. If you have any questions, please contact someone in Human Resources. Have a fabulous day!