fmla what supervisors need to know. © business & legal reports, inc. 0901 session objectives...

FMLA

What Supervisors Need to Know

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© Business & Legal Reports, Inc. 0901

Session ObjectivesYou will be able to:

Identify the purpose and benefits of FMLARecognize when and to whom it appliesUnderstand key provisions of the lawAssist employees in handling leaves appropriatelyProtect yourself and our organization from liability


• 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

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


• Allows leave for family and medical issues

• Provides for the maintenance of benefits

• Guarantees reinstatement to the same or an equivalent position

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 AllowedFMLA 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


• 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

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


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 For Unpaid FMLA LeaveFMLA 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


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

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: Caring for a Servicemember


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

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

Reasons for Leave: Qualifying Exigency


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 These Requests? (cont.)

Employee requests 30 days of leave:

• Needs inpatient treatment for alcoholism

• Has never requested leave before



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

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 of Serious Health Condition


• We may contact the healthcare provider

• Privacy requirements must be met

• More information may be needed

• We may contact the healthcare provider

• Privacy requirements must be met

• More information may be needed

Medical Certification (cont.)


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 ProvisionsDo 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


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 RequirementsEmployees 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


We must provide:

• Eligibility notice (within 5 days)

• Rights and responsibilities notice (within 5 days)

• Designation notice

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


• 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 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 ProvisionsDo you understand:

• Covered employees?

• Eligible employees?

• Notice and recordkeeping requirements?

• Requirements concerning benefits?


Prohibitions and LiabilitiesUnder 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


• We may be liable for damages if we violate employees’ FMLA rights

• You could also be liable

• We may be liable for damages if we violate employees’ FMLA rights

• You could also be liable

Prohibitions and Liabilities (cont.)


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 LeaveAlternate duty arrangements:

• Nonintermittent leave

• Alternate duty hours


• 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

• 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


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

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 12 weeks of leave in a 12-month period for:


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

fmla what supervisors need to know. © business & legal reports, inc. 0901 session objectives...

Documents

leave allowedfmla

childbonding leave

weeks of unpaid leave

substitution of paid

military12 weeks of

paid leave cont

active duty26 weeks

family member