If you are viewing these slide before the Presentation please share any scenario questions you may have that you would like our panel to address

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1 If you are viewing these slide before the Presentation please share any scenario questions you may have that you would like our panel to address during our sessions.

2 Tales from the Crypt -Are There Tricks or Treats in Your Total Leave Management Bag? Debra Franklin, Esq., SPHR Vice President HR Solutions Murray Securus Bob Werkheiser FMLA Account Executive HR Solutions Murray Securus Stephanie Klatka -Sr. Director Human Resources and Organizational Development at Silberline

3 Introduction What is Total Leave Management? The integration and coordination of all leave programs Family and Medical Leave Act (FMLA) Worker s Compensation Americans with Disabilities Act State Leave Laws Company Leave Programs Other programs that do not include leave but provide pay during leave Short Term Disability Long Term Disability

4 Total Leave Management Triangle FMLA STD and LTD WC State and Local Leave Laws Company Leave Policies ADA

5 Quick Question FMLA Usage Roger an HR Manager, who is with a company of 180 employees produces FMLA notifications for about 10 employees a year. Does he have an FMLA problem? The Managers in my organization think too many of our employees are using FMLA and are wondering why HR keeps approving the leaves. What should I do?

6 FMLA Notification Requirement Questions from Employers: How do I know if the reason for leave qualifies as a serious medical condition? How long do I have to issue the required notification to employees after a leave is requested? When does that clock start?

7 Intermittent Leave The Elephant in the Room Maureen has certified intermittent FMLA leave for an estimated 3 times a month, up to 2 days per occurrence for periodic migraines. Maureen works in a small office with 22 other employees. Her migraines are sometimes triggered by flickering lights and certain foods. The office has fluorescent lighting. When Maureen suffers from headaches, she typically misses the rest of the workday.

8 Intermittent Leave The Elephant in the Room How are call-offs being reported? Can I ask the employee for any information when they call-off? Can I ask for a Doctor s note every time the employee is absent? When should the employer seek recertification? What can I do if abuse of the FMLA is suspected?

9 Intermittent FMLA An employee missed time from work to take a family member to appointments for a serious medical condition, but did not apply for FMLA. After the employee started receiving disciplinary warnings for missing time they filed for FMLA. What date should be used to begin the FML? Do we back date it and remove the warnings? What if the Supervisor knew why the employee was missing time?

10 Interactions with Employer Policies Celina, a full-time employee who has been with the company for 18 months, requests a leave for the birth of her child and bonding time thereafter. The company maintains an FML policy and a separate parental leave policy which provides 6 week s of paid leave at the employee s normal rate of pay. The company also provides STD and paid sick time for qualified employees. How much leave should the employee be provided? How much of the leave afforded to the employee should be paid leave? How does this affect the interaction with other benefits like STD plans?

11 FMLA and ADA Ryan comes to his supervisor with a problem. He confesses that he has a substance abuse issue, and has been treating with his primary care physician for a couple of weeks. His doctor has recommended that Ryan enter a 30 day in-patient rehabilitation program as soon as possible, followed by at least 2 weeks of full time outpatient aftercare. What do you need to do, and when?

12 FMLA and ADA What about ADA? Is this a good time to initiate the interactive process? How should the employer set up the communication requirements for when the employee is out on FML? When should the employer obtain a HIPPA release? What if employee fails to follow the prescribed course of treatment? (eg., go to rehab, attend aftercare)

13 FMLA and ADA What do you need to do as the employee s scheduled end of leave approaches or the employee lets employer know that they are ready to return to work? What does the employer do if the fitness for duty certificate either doesn t provide enough information or you have concerns about the employee s safety? Can you send them to your Occupational Health Provider for a capabilities assessment?

14 FMLA and ADA RELAPSE! Now What? Recertify FMLA leave if time is available Do you want to allow them to be at work? Do you send them for a drug test and apply policy based upon the results?

15 Hoping you get treats and not rocks in your FMLA/ADA Halloween bag! If you have questions, please contact Bob Werkheiser or Deb Franklin at or call (717) and say trick or treat. Bob will try not to be scared!