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The Family and Medical Leave Act: What Every Employee Should Know

Presented byRandall Cumbaa, Senior Human

Resource AssociateEmployee Relations

Revised: February 2009

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Agenda

Introduction to FMLA Eligibility Designated Leaves Benefits of the FMLA Unlawful Acts Forms and Legal Requirements Paid Leave New Online Submission

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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

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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)

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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

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Military Exigency

Birth of C

hild

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

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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 worked12/26weeks

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JOB PROTECTION

Emory Employee

FMLALeaves 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

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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

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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

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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

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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

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Qualifying Exigency

Spouse Son/daughter/parent

Biological In loco parentis Step Legal ward Adopted Foster

Regardless of age

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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”

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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

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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

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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:

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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)

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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

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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

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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)

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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

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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.

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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

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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)

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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

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JOB PROTECTION

Emory Employee

Serious Health Condition Employee, Family Member or Birth

of a ChildAdoption 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

PaidSick Leave (then choice)

Accrued VacationHolidays Unpaid

STDLeave w/o Pay

PaidSick Leave (then choice)

Accrued VacationHolidays Unpaid

STDLeave w/o Pay

FMLA

PaidSick Leave (then choice)

Accrued VacationHolidays Unpaid

STDLeave w/o Pay

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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

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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

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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.

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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

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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

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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

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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.

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Faculty Leave*

Maternity Parental Salary Continuation

*Information on Provost’s website under “Academic Affairs”

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Family and Medical Leave ActElectronic Submission & Tracking Transparent Enhanced communication Tracks compliance Eliminates paper process Streamlined

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Leave Of Absence Request(FMLA)

Leave of Absence Request

Manager or Supervisor

Human Resource Representative

EmployeeManager or Supervisor

Human Resource Representative

Central HROD/ER

Employee

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Eligibility Notice

Eligibility Notice

Manager or Supervisor

Human Resource Representative

EmployeeManager or Supervisor

Human Resource Representative

Central HROD/ER

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Designation Notice

Designation Notice

EmployeeManager or Supervisor

Human Resource Representative

Central HROD/ER

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Questions?