Civil Rightso White County Medical Center is an Equal Opportunity Employer.o WCMC does not discriminate with admissions or employment in programs and activities against any individual or group of individuals with regard to race, color, sex, religion, age, ancestry, national origin, status as a veteran, or physical or mental disability.
Family Medical Leave Act- FMLAo The Family Medical Leave Act took effect August 5, 1993 and applies to private employers with 50 or more employees and all public employers.o To be eligible for leave under the Act, an employee must have worked at least 12 months and 1, 250 hours
Family Medical Leave Act- FMLAo The Act requires employers to allow employees up to twelve weeks of job-protected leave in any twelve-month period for: • Care of a child born to or placed for adoption or foster care with an employee • The serious health condition of the employee • The serious health condition of an employee’s immediate family member (parent, spouse, qualifying child)
Definitions for LeaveSerious Health Conditionso Means illness, injury, impairment, or a physical or mental condition that involves one of the following: • Inpatient care in a hospital, hospice or residential medical facility • A period of incapacity or more than three consecutive calendar days that also involves continuing treatment by a health care provider • Any period of incapacity because of pregnancy or prenatal care
Definitions for LeaveSerious Health Conditions (cont) • A period of incapacity that is permanent or long-term because of a condition for which treatment might not be effective • Any period of absence to receive multiple treatments for a condition that would likely result in a period of incapacity of more than three consecutive calendar days without such treatment
Definitions for LeaveMilitary Family Medical Leaveo Allows a spouse, parent or “next of kin” of a member of the United States Armed Forces an extended leave of 26 weeks to participate in any qualifying exigency or to care for their family member. A “qualifying exigency” includes: • Time needed to arrange for childcare after spouse is deployed • Time to attend pre-deployment briefings • Time to see off and/or welcome home a qualified family member • Military Family Counseling sessions
FMLA - Employee’s duty to give prior noticeo The Act requires the employee to give thirty days notice to the employer before the leave begins, if possible.o Otherwise, the employee must notify the employer as soon as is “practical”. • The Final Rule states that ordinarily this means at least oral notification within one or two working days of when the employee learns of the need for the leave.
FMLAo The Act further provides that in cases of leaves based upon the employee’s or family member’s serious health condition involving foreseeable, planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to “disrupt unduly” the employer’s operations.o Significantly, employees do not need to mention the need for FMLA specifically by name, rather the employer is obligated to determine if the leave requested is FMLA qualifying by the appropriate inquiry.
FMLA Posted Noticeo Covered employers must post in a conspicuous place a notice summarizing pertinent FMLA rights, including information on filing a charge.o The notice must be posted if an employer is covered even if at that particular worksite there are no eligible employees.o An employer that fails to properly post the notice cannot take adverse action against an employee who fails to give proper advance notice of a need for FMLA leave.
FMLA Written Noticeo Employers must provide employees requesting FMLA leave with the appropriate written notice.o This written notice must be provided within two business days of the associate’s notice of needed leave.o For intermittent or reduced scheduled leaves, only one notice is required and is given at the onset of leave. Notice of Recertification is to be given every 6 months thereafter.
FMLAo If leave has already begun, the notice should be mailed to the employee.o If circumstances of the leave change within a six month period, the employee must notify the employer of any changes.
American with Disabilities Act – ADAo The Americans with Disabilities Act of 1990 was signed into law on July 26, 1990, and is one of the most important and far reaching pieces of legislation since Title VII of the 1964 Civil Rights Act.o The ADA protects disabled individuals from discrimination in employment, public services and transportation, public accommodations and telecommunications.o The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment or being regarded as having such impairment.o On January 9, 2009 an amendment was signed into law to expand the scope of “Major Life Activities” covered by the act and to include conditions that are episodic or in remission.
Occurrenceo Any unscheduled or unapproved absence from work.o Full Time Associates discussed and documents at 2,4,and 6 times in a floating 12 month period. • subject to termination at 7 occurrences in floating 12 month period.o Part Time Associates counseled on the second and third occurrence and receive final warning on the fourth occurrence. • subject to termination at 5 occurrences in floating 12 month period.
Tardinesso Arriving at the workstation after the scheduled starting time or leaving work before scheduled time off unless directed by manager/supervisor.o Full Time Associates are discussed and documented at 3, 6, and 9 times in floating 12 month period. • Subject to termination at 12 in a floating 12 month period.o Part Time Associates counseled at 2, 4, and 6 times in a floating 12 month period. • Subject to termination at 8 in a floating 12 month period.