Family and Medical Leave Law Regina W. Romeo, M.P.A., H.R.M. Countywide Family and Medical Leave...
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Transcript of Family and Medical Leave Law Regina W. Romeo, M.P.A., H.R.M. Countywide Family and Medical Leave...
Family and Medical Family and Medical Leave LawLeave Law
Regina W. Romeo, M.P.A., Regina W. Romeo, M.P.A., H.R.M.H.R.M.
Countywide Family and Countywide Family and Medical Leave CoordinatorMedical Leave Coordinator
Eligible EmployeesEligible Employees
12 Aggregate 12 Aggregate Months of County Months of County ServiceService
Worked 1,250 hours Worked 1,250 hours in the previous 12 in the previous 12 monthsmonths
Permanent, Permanent, Temporary, Part-Temporary, Part-time or Recurrenttime or Recurrent
DefinitionsDefinitions
Son or DaughterSon or Daughter SpouseSpouse ParentParent In Loco ParentisIn Loco Parentis Domestic PartnerDomestic Partner Health Care Health Care
ProviderProvider Next of KinNext of Kin Qualifying ExigencyQualifying Exigency
Serious Health Serious Health ConditionCondition
Unable to Perform Unable to Perform the Functions of the Functions of the Position the Position
Need to Care for a Need to Care for a Family MemberFamily Member
WorkweekWorkweek
FMLA and CFRAFMLA and CFRA
Qualifying ReasonQualifying Reason FMLAFMLA CFRACFRA
An employee’s own serious health An employee’s own serious health conditioncondition
Care of a newborn (baby bonding)Care of a newborn (baby bonding) Care of a child, spouse or parent’s Care of a child, spouse or parent’s serious health conditionserious health condition
Newly adopted child or foster care Newly adopted child or foster care placementplacement
FMLA and CFRAFMLA and CFRA
Qualifying ReasonQualifying Reason FMLAFMLA CFRACFRA
Prenatal CarePrenatal Care Birth of a ChildBirth of a Child Care of a Domestic PartnerCare of a Domestic Partner Care of a Domestic Partner’s ChildCare of a Domestic Partner’s Child Military Personnel Caregiver Leave Military Personnel Caregiver Leave Qualifying Exigency LeaveQualifying Exigency Leave
Employee’s Notification Employee’s Notification ResponsibilityResponsibility
30 Days Notice30 Days Notice Emergency notice Emergency notice
from employee or from employee or employee’s employee’s representative representative ASAPASAP
Intermittent Leave Intermittent Leave must not disrupt must not disrupt the department’s the department’s operationoperation
Employer’s Notification Employer’s Notification ResponsibilityResponsibility
Management Management alwaysalways designates designates leave timeleave time
Employee must be Employee must be notified of notified of designation in five designation in five (5) business days(5) business days
CHCP form CHCP form mustmust be be returned in 15 daysreturned in 15 days
Paid and Unpaid LeavePaid and Unpaid Leave
For Your own SHCFor Your own SHC
Any earned or Any earned or accrued time (sick, accrued time (sick, vacation, holiday, vacation, holiday, OT, etc.) OT, etc.)
Short-term Short-term DisabilityDisability
Compensatory Compensatory Time Off (CTO)Time Off (CTO)
Qualifying Family Qualifying Family MemberMember
Any earned or Any earned or accrued time accrued time except sick leaveexcept sick leave
Twelve Personal Twelve Personal Days of Sick Leave Days of Sick Leave (Kin Care Law)(Kin Care Law)
Pregnancy Disability LeavePregnancy Disability Leave
Employee is disabled Employee is disabled by pregnancy or by pregnancy or pregnancy related pregnancy related conditioncondition
No “hours worked” or No “hours worked” or “length of service” “length of service” requirementrequirement
FMLA runs FMLA runs concurrentlyconcurrently
CFRA runs CFRA runs consecutivelyconsecutively
FMLA and Labor Code 4850FMLA and Labor Code 4850
Labor Code 4850 Labor Code 4850
Provides full benefits to Provides full benefits to safety employees safety employees injured on the job.injured on the job.
Benefits run for one Benefits run for one year or RTW date year or RTW date (whichever comes (whichever comes first). first).
CannotCannot run run concurrently with concurrently with FMLA. FMLA.
Other GuidelinesOther Guidelines
An employee An employee cannotcannot reject a reject a designation of FMLA. designation of FMLA.
Exempt Employees Exempt Employees mustmust post their post their own time for FMLA related absencesown time for FMLA related absences
Power of Attorney does Power of Attorney does notnot create a create a relationship for FMLA purposesrelationship for FMLA purposes
If fraud or abuse is suspected, If fraud or abuse is suspected, contact Human Resources.contact Human Resources.
New FMLA Provisions New FMLA Provisions
Redefines Serious Health ConditionRedefines Serious Health Condition Follow the employer’s same terms and Follow the employer’s same terms and
conditions for using paid time off for conditions for using paid time off for FMLAFMLA
Employees must follow employer’s Employees must follow employer’s call-in procedurescall-in procedures
Employer (not direct supervisor) can Employer (not direct supervisor) can contact employee’s health care contact employee’s health care providerprovider
New FMLA ProvisionsNew FMLA Provisions
Fitness for Duty statements must Fitness for Duty statements must have specifics for employee’s job have specifics for employee’s job dutiesduties
Medical Certification can be required Medical Certification can be required every six months for employees with every six months for employees with lifetime or chronic conditionslifetime or chronic conditions
Designation must be be done in Designation must be be done in writing in five businesswriting in five business