FMLA What Supervisors Need to Know
Session Objectives You will be able to: Identify the purpose and benefits of FMLA Recognize when and to whom it applies Understand key provisions of the law Assist employees in handling leaves appropriately Protect yourself and our organization from liability
Session Outline Purpose, benefits, basic provisions of FMLA Coverage and eligibility for leave Notice and recordkeeping requirements How rules affect benefits and hiring Prohibitions and potential liabilities Intermittent leaves and reinstatement
How FMLA Helps Employees Allows leave for family and medical issues Provides for the maintenance of benefits Guarantees reinstatement to the same or an equivalent position
FMLA History Federal law enacted in 1993 Military family leave provisions added in 2008 Final revised regulations issued in 2008 Helps employees balance work and family Federal law allows states to include more expansive provisions
Amount of Leave Allowed FMLA allows 12 weeks of unpaid leave for the care of: A newly born, adopted, or foster-placed child A spouse, child, or parent with a serious health condition Your own serious health condition
2008 Family Military Leave Amendment 12 weeks of leave during a 12-month period due to a qualifying exigency arising out of a call to active duty 26 weeks of leave during a 12-month period to care for a family member injured or ill as a result of service in the military
Substituting Paid Leave For Unpaid FMLA Leave FMLA allows substitution of paid leave for unpaid FMLA leave including: Vacation, personal, or sick leave Paid leave Short-term disability insurance Workers compensation leave
Substituting Paid Leave (cont.) Substitution rules for family military leave Qualifying exigency leave Serviceperson caregiver leave
Reasons for Leave: Serious Health Condition Physical or mental condition Pregnancy or prenatal care Chronic, serious condition Multiple medical treatments
Reasons for Leave: Bonding With a Child Bonding leave may be taken by an employee for the: Birth of his or her own child, or Placement of a child with the employee for adoption or foster care
Reasons for Leave: Caring for a Servicemember Employees may take leave to care for a covered family member in the armed forces who is: Undergoing medical treatment, recuperation, or therapy In military outpatient treatment On the temporary disability retired list
Reasons for Leave: Qualifying Exigency Qualifying exigencies include: Short-notice deployment Military events and related activities Childcare and school activities Counseling Financial and legal matters Periods of rest and recuperation Post-deployment activities Other activities
Would You Approve These Requests? Employee requests 12 weeks of leave: Wife has cancer and needs home care Employee used 3 weeks of leave 6 months ago for surgery Would you approve this leave?
Would You Approve These Requests? (cont.) Employee requests 12 weeks of leave: Husband was injured on active duty Employee used 12 weeks of leave 9 months ago Would you approve this leave?
Would You Approve These Requests? (cont.) Employee requests 30 days of leave: Needs inpatient treatment for alcoholism Has never requested leave before Would you approve this leave?
Medical Certification of Serious Health Condition Certification includes: Healthcare provider contact information The starting date and expected duration Medical facts A statement of the need for time off Information on the ability to perform essential functions
Medical Certification (cont.) We may contact the healthcare provider Privacy requirements must be met More information may be needed
Medical Certification (cont.) DOL forms In most cases, employees must return form within 15 days Certification may be required for family military leave
Second and Third Opinions We may request an independent medical examination We may also request a third opinion Third opinion is binding and final We pay for these opinions
FMLA: Basic Provisions Do you understand: The purpose of FMLA? The amount of leave FMLA allows? What a serious health condition is? When bonding leave is available? What a qualifying exigency is? The requirements for medical certification and consultation?
Who s Covered? Private employers State and local governments and most federal employers
Eligible Employees Worked for 12 months for our organization Worked for a total of 1,250 hours in the most recent 12 months
Eligible Employees (cont.) Consecutive months of service not required can be 7-year break in service All employees on payroll count toward 50 employee requirement Worksite count made at time of leave request 50 employee requirement site-specific
Notice Requirements Employees must: Give at least 30 days notice or reasonable notice where leave is foreseeable Give notice under employer s usual and customary notice requirements where leave is not foreseeable Give notice as soon as possible if the need for military leave is foreseeable Provide certification as required
Notice Requirements (cont.) We must provide: Eligibility notice (within 5 days) Rights and responsibilities notice (within 5 days) Designation notice
Recordkeeping Requirements We must retain records for 3 years We must keep records confidential
FMLA and Benefits We must maintain: Group health benefits Other benefits according to company policy We may count FMLA leave against employees for attendance or bonuses
FMLA and Benefits (cont.) Premiums must continue to be paid Employees are entitled to new benefits Changes of benefits notices must be given to employees on FMLA leave Benefits must pick up where they left off if employee stops them during leave
FMLA: Basic Provisions Do you understand: Covered employees? Eligible employees? Notice and recordkeeping requirements? Requirements concerning benefits?
Prohibitions and Liabilities Under FMLA, we may not: Interfere with employee rights Retaliate against any employee Discriminate against or discharge employees who oppose unlawful practices Discharge an employee for filing charges
Prohibitions and Liabilities (cont.) We may be liable for damages if we violate employees FMLA rights You could also be liable
Special Cases Current substance abuse treatment is covered Spouses in same workplace: Do not each get 12 weeks leave for bonding or to care for a parent with a serious health condition Are limited to a total of 12 weeks for family members on active duty or called to active duty Caring for injured or ill servicemember
Intermittent Leave Permitted for serious health conditions Permitted for family military leave Prohibited for bonding leave unless employer allows it
Light-Duty Leave Alternate duty arrangements: Nonintermittent leave Alternate duty hours
Reinstatement Qualified employees keep same or equivalent job We may deny reinstatement if employees: Would not have remained employed Announce intent not to return Have taken leave fraudulently or violated policy Are no longer qualified to perform the job
Reinstatement (cont.) We may deny reinstatement to key employees We may delay reinstatement until an employee provides a fitness-for-duty certificate
FMLA Leave: True or False? A second and third medical opinion may be required before approving a request for leave for an employee s or family member s serious health condition. An employee must give 30 days notice to request any FMLA leave. Our organization must pay insurance premiums while an employee is on leave, but the employee must continue to pay copayments. Employees who take leave are guaranteed to be reinstated to their previous job. FMLA applies to all private employers.
Key Points to Remember Eligible employees can take up to 12 weeks of leave in a 12-month period for: Their own serious health condition; To care for a family member with a serious health condition; Due to a qualifying exigency; or For the birth or placement of a child with the employee for adoption or foster care
Eligible employees can take up to 26 weeks of leave in a 12-month period to care for a family member who has become injured or ill while on active duty Leave can be taken intermittently Workers generally receive benefits while on leave and are reinstated when leave expires