1. Family & Medical Leave Act (FMLA)The Inner Workings of the LawHR ManagementMGT 505Derek Hughes

2. Leave of Absence Leave of WorkersADA FMLA Compensation (ADAAA) Absence 3. Family & Medical Leave Act (FMLA) FMLA is an employees right and provides job protection during leave Legal Action: Law August 6, 1993 Amended January 28, 2008 Amended in 2010 FMLA must be offered by companies with 50+ employees within a 75 mile radius of the worksite 4. Who qualifies for FMLA? An employee of anemployer offeringFMLA Employee has worked1+ year(s) Employee has worked1,250 hours in the past12 months. 5. Qualifying Reasons & Coverage Provides employees 12 weeks of unpaid leave during a 12 month period Birth, adoption, or foster care of a child Family members serious health condition* Employees serious health condition* Exigency Leave (covered family member active duty) Provides employees up to 26 weeks unpaid leave in a 12 month-period Military Caregiver Leave (covered service member) *Serious health condition defined on next slide. 6. Serious Health Condition Long-term/terminal illness Injury Impairment Physical or mentalcondition that involves: Overnight stay as an inpatient Continuous treatment 7. FMLA Begins After 3 consecutive days of absence Foreseeable leaves must bereported 30 days prior to theleave. Contact Human Resources Employee needs to complete paperwork 8. Paperwork & Documentation (Ideally) 1. HR initially notifies employee if they are eligible. 2. HR provides the employees a notice of their rights and paperwork fordoctor to complete. 3. Paperwork is returned HR and doctors certification determines theamount of FMLA leave time permitted. EXCEPTION birth, adoption or foster care where parents can elect to take up to thefull 12-weeks. 4. HR reviews and confirms whether sufficient medical documentationhas been provided. 5. HR confirms dates of absence with supervisor. HR does not disclosethe nature of the leave. 6. Regular follow-up should be established with the employee, and ifnecessary, a new doctor certification should be provided monthly. 9. Earning Back Time Employers determine howemployees earn back usedtime. 1. Calendar Year 2. Fixed-year basis 3. 12-months from the dateused 4. Rolling 12-months Rolling think of Price isRight Range Finder Earned back after the red zone passes 10. Other Employee Entitlements Return to a position with: Equal pay and benefits Equal job duties Equal shift or hours Use paid leave concurrently with FMLAleave (reference company policy) Examples: sick, vacation, salary continuation, etc. 11. Supervisor Responsibilities Contact HR with early notice Track leave time of absence Supervisors see the employee andknow when they are present (ornot) Remain in contact with the employee Be supportive Assist with accommodations wherecapable 12. Questions? 13. ReferencesFMLA References:N.a. (2011). Family and Medical Leave Act. Retrieved from http://www.dol.gov/whd/fmla/Pictures used in presentation: FMLA Gavel http://www.axisinsurancegroup.com/?page_id=1087 Groundhog Day http://www.cartoonstock.com/directory/g/groundhog_day.asp iPhone http://en.wikipedia.org/wiki/IPhone_3G Pondering Face http://www.info.insitesoft.com/Insite-Software-Blog/bid/68077/Pondering-an-Open-Source-Ecommerce-Platform-Read-This Range Game http://bigjonpcgames.net/forum/viewtopic.php?f=11&t=4411&start=1170&st=0&sk=t&sd=a, http://i49.tinypic.com/1snmed.png