Policy: Qualifying Exigency Effective Date: 3/05/1995

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1 POLICY: To outline the responsibilities of Southeast Alabama Medical Center (SAMC) and its employees under the Family and Medical Leave Act of 1993 (FMLA) and the regulations thereof. 1. General Leave Requirements Under FMLA, SAMC will provide each eligible employee to take up to 12 workweeks of paid or unpaid job protected leave during a single 12 month period for a qualifying exigency arising out of the deployment of the employee s spouse, son, daughter, or parent. Employees must use paid benefits during FMLA unless FMLA duration exceeds accrued paid time. Paid time may be spread throughout the duration of FMLA in order to cover routine premium insurance deductions. 2. Employee Eligibility In order to be eligible for leave protection under FMLA, an employee must have been employed for at least 12 months and worked 1,250 hours in the preceding 12 months from the date the leave is to begin. An employee who is ineligible for FMLA leave may nonetheless be eligible for leave, subject to the rules and requirements of SAMC s other policies. 3. Qualifying Exigency Leave Entitlements Qualifying exigencies may arise when the employee s spouse, son, daughter, or parent who is a member of the Armed Forces (including the National Guard and Reserves) and who is on covered active duty or has been notified of an impending call or order to covered active duty. For purposes of qualifying exigencies leave, an employee s son or daughter on covered active duty refers to a child of any age. 4. Definition of Parent, Spouse, Son, and Daughter Under FMLA, a parent, son, or daughter includes not only persons biologically or legally recognized as an employee s parents or children, but also persons who have acted as an employee s parent and persons for whom the employee has accepted day-to-day parental responsibilities, which may include step-children. The term parent does not include a parent-in-law of the employee, and a son or daughter must be one who is under the age of 18 or of any age and mentally or physically incapable of taking care of him/herself, except for leave for a qualified exigency or care of a covered service member. Spouse means a husband or wife as recognized under Alabama law for purposes of marriage, including common law marriage. Page 1 of 5

2 5. Qualifying Exigency Categories The Department of Labor has identified nine broad categories of qualifying exigencies. If the military member is on covered active duty, the employee may take FMLA for the following qualifying exigencies: Issues arising from the military member s short notice deployment (i.e., deployment within seven or less days of notice). For a period of up to seven (7) days from the day the military member receives notice of deployment, an employee may take qualifying exigency leave to address any issue that arises from the short-notice deployment. Attending military events and related activities, such as official ceremonies, programs, events and informational briefings, or family support or assistance programs sponsored by the military, military service or organizations, or the American Red Cross that are related to the member s deployment. Certain childcare and related activities arising from the military member s covered active duty, including arranging for alternative childcare, providing childcare on a nonroutine, urgent, immediate need basis, enrolling in or transferring a child to a new school or day care facility. Note: The employee taking FMLA qualifying exigency leave does not need to be related to the military member s child. However, (1) the military member must be the parent, spouse, son or daughter of the employee taking FMLA, and (2) the child must be the child of the military member (including a child to whom the military member stands in loco parentis). Certain activities arising from the military member s covered active duty related to care of the military member s parent who is incapable of self-care, such as arranging for alternative care, providing care on a non-routine, urgent, immediate need basis, admitting or transferring a parent to a new care facility, and attending certain meetings with staff at a care facility, such as meetings with hospice or social service providers. Note: The employee taking FMLA qualifying exigency leave does not need to be related to the military member s parent. However, (1) the military member must be the parent, spouse, son or daughter of the employee taking FMLA, and (2) the parent must be the parent of the military member (including an individual who stood in loco parentis to the military member when the member was a child). Making or updating financial and legal arrangements to address a military member s absence while on covered active duty, including preparing and executing financial and health care powers of attorney, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), or obtaining military identification cards. Attending counseling for the employee, the military member, or the child of the military member when the need for that counseling arises from the covered active duty of the military member and is provided by someone other than a health care provider. Taking up to 15 calendar days of leave to spend time with a military member who is on short-term, temporary Rest and Recuperation leave during deployment. Page 2 of 5

3 The employee s leave for this reason must be taken while the military member is on Rest and Recuperation leave. Certain post-deployment activities within 90 days of the end of the military member s covered active duty, including attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military, and addressing issues arising from the death of a military member, including attending the funeral. Any other event that the employee and employer agree is a qualifying exigency. 6. Calculation Methods The 12 month period that employees will be eligible for FMLA for a qualifying exigency is calculated using a rolling calendar year. This is the 12 month period immediately preceding the commencement of FMLA. 7. Certification Requirements An employee s request for qualifying exigency leave must be supported by appropriate certification. The certification should include a copy of the military member s active duty orders. The employee is only required to provide this information to the employer once for a military member on a specific deployment. The employee should also submit certification providing the appropriate facts related to the particular qualifying exigency for which leave is sought. For example if the employee is taking leave to meet with an alternate childcare provider or financial consultant, the employer may require the employee to provide the contact information of the third party with whom the employee is meeting. When an employee seeks leave to spend time with a military member on Rest and Recuperation leave, the employer may request a copy of the military member s Rest and Recuperation orders, or other documentation confirming the dates of the member s leave. Employees may use form WH-384 for obtaining qualifying exigency certification. The employee will not be required second and third opinions or recertification for qualifying exigency leave. When the leave involves meeting with a third party, an employer may contact the third party to confirm that the meeting is taking place and the nature of the meeting, but the employer may not request additional information. An employer may contact the Department of Defense to verify a military member s covered active duty status. 8. Advance Notice of Leave A) Except in the cases of a qualified exigency or care for a covered service member, an employee is required to provide his/her supervisor with at least 30 days advance notice of anticipated FMLA. In the event of a medical emergency when a 30 day notice is not possible, the employee is required to notify the supervisor immediately. Page 3 of 5

4 B) If an employee fails to satisfy the 30 day notice requirement for a non-emergent event, the requested leave may be postponed until the notice requirement is satisfied. C) Any denial or postponement of FMLA must be approved by Employee Health & Wellness. 9. When Both Spouses Are Employed Spouses employed by the same employer are jointly entitled to a combined total of 12 workweeks of family leave during the single 12 month period if the leave is taken for a qualifying exigency. 10. Use of the Accrued Leave Benefits; Status During Unpaid Leave Employees must use accrued ETO and EIB in order to be paid for the duration of FMLA. Paid time may be spread throughout the duration of FMLA in order to cover routine premium deductions. 11. Effect of Leave on Position, Pay and Benefits A) Employees taking FMLA protected leave under this policy will be returned to the same position and pay held before leave. The employee may be placed in an equivalent position on the same shift and with the same pay with the concurrence of Human Resources. B) Medical and dental benefits as well as life insurance and long term disability insurance will be maintained during the leave period at the same level of coverage and at the same premium as though the employee was not on leave. While on FMLA the employee will be responsible for payment of premiums in order to continue the above stated benefits. C) Employees will have current benefit premiums deducted from their paycheck. If an employee does not have a paycheck, they will be billed on a monthly basis. If payment is not received, benefits may be cancelled and the employee will not be able to reinstate them until open enrollment and all arrears are paid. D) Leave taken under this policy will not result in the loss of any employee benefit accrued before he leave started. 12. Effect of Leave on Attendance Employees taking leave under this policy will not be penalized for absenteeism. All leave, whether taken at one time or on an intermittent basis, will be considered excused absence. 13. Unlawful Interference It is unlawful for a supervisor to interfere with, restrain, or deny the exercise of rights given Page 4 of 5

5 under FMLA. Therefore, supervisors may not terminate or otherwise discriminate against employees who avail themselves of their rights to FMLA or who oppose the employer s denial of such. An employee experiencing any problems should report this to the next level of supervision or to the Director of Human Resources. 14. Policy Clarification This policy has been developed in compliance with The Family and Medical Act of 1993 and the revisions up to the current date. Questions regarding implementation of this policy will be answered based upon application of current and any future revisions of regulations pertaining to FMLA. 15. Privacy/Confidentiality A) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations. B) Certification records for employees and family members will be filed in the respective employee health records located in Employee Health & Wellness. It is a HIPAA violation for these records to be stored in the employee s departmental or personnel file. 16. Alternative Employment No employee, while on leave of absence, shall work or be gainfully employed either for himself/herself or others unless express, written permission to perform such outside work has been granted by SAMC. Any employee on a leave of absence who is found to be working elsewhere without permission will be automatically terminated. Reviewed/Revised: 3/96, 1/00, 3/04, 12/05, 1/07, 1/08, 6/08, 10/08, 11/08, 12/08, 1/09, 3/09, 10/09, 1/10, 1/12, 1/13, 1/15, 2/15, 10/15 Page 5 of 5