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TRANSCRIPT
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Family and Medical Leave Act “FMLA” and Purdue Paid Parental LeavePresented by: Tina Chin and Rose Costello
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Objectives:
• Define the Family and Medical Leave Act of 1993 “FMLA”
• Define Employer Coverage• Define Employee Eligibility• Define Leave Entitlement• Define “Serious Health Condition”• Define Maintenance of Health Benefits• Define Notice and Certification• Define Unlawful Acts
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What is FMLA?
FMLA became effective on August 5, 1993
U.S. Department of LaborPurposes:
Job Security versus Parenting/Family responsibilities and own health needs
Balance employer/employee interests
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What is FMLA?
Entitles eligible employees to take up to 12 weeks of unpaid, job protected leave in a 12-month period of timePurdue – “rolling back year”IU – Calendar year
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Employer Coverage
FMLA Applies to all:Public agencies, including state, local
and federal employers, local education agencies (schools)
Private-sector employers who employed 50 or more employees and who engaged in commerce or in any industry or activity affecting commerce
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Employee Eligibility
To Be Eligible for FMLA, an employee must:Work for a covered employerHave worked for the employer for a total of 12
months Not necessarily consecutive
Have worked at least 1,250 hours over the previous 12 months
USERRA Leave counts towards months and hours of employment
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Leave Entitlement
Eligible employers must grant an eligible employee up to a total of 12 weeks of unpaid leave for the following reasons:For the birth and care of the newborn child of the
employeeFor placement with the employee of a son or daughter for
adoption or foster careTo care for an immediate family member (spouse, child, or
parent) with a serious health conditionTo take medical leave when the employee is unable to
work because of a serious health condition
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Leave Entitlement
Spouses employed by same employerCombined total of 12 work weeks
Leave for birth and care, or placement for adoption or foster careMust conclude within 12 months of the birth or placement
Intermittent LeaveBirth and care or placement for adoption or foster care
(subject to employer’s approval)Medically necessary to care for a seriously ill family
member, or employee is seriously ill and unable to work
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Leave Entitlement
General rule: leave is unpaidSubstitution of paid leave
Medical/Sick LeavePaid Parental LeaveVacationPersonal
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Serious Health Condition
Inpatient careContinuing treatment by health-care provider
- Incapacity of 3 or more consecutive days and subsequent treatment that also involves
Incapacity due to chronic serious health condition (e.g., asthma)
Treatment if would result in incapacity otherwise ( e.g., cancer)
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Maintenance of Health Benefits
Health InsuranceMust be maintained during leaveUnder same conditions as if employee had
continued employmentEmployer paid same portion of premiums as it
had during active employmentEmployee must pay his or her portionIf Employee fails to pay, upon return,
reinstated to health coverage without waiting period, physical exam, preexisting conditions
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Job Restoration
Same or equivalent jobFMLA cannot result in the loss of any
employment benefit earned or was entitled before leave
FMLA cannot be counted against the employee under a “no fault” attendance policy
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Notice and Certification
Employee NoticesForeseeable Leave
30 days’ noticeUnexpected
As soon as practicable Intermittent
Employee must attempt to schedule treatment so as not to unduly disrupt the employer’s operation
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Certification
Medical certificationDate when serious health condition commencedProbable duration“Appropriate Medical Facts” regarding conditionThat the employee is needed to care for eligible
family member – Emotional and Physical SupportEstimate of time neededDuration of time
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Unlawful Acts
Unlawful for employer to interfere with, restrain, or deny the exercise of any right provided by FMLA
Unlawful for employer to discriminate against any individual for opposing any practice, or because of involvement in proceeding, related to FMLA
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Paid Parental Leave
Purdue
Paid Parental Leave Policy
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Statement of Policy• To provide Paid Parental Leave to benefits-eligible employees,
including graduate students employees, – due to birth of an employee’s child or – the placement within an employee’s home of an adopted child.
• This policy is in effect for childbirth or adoptions occurring on or after October 1, 2008
• PPL does not reduce any balance of any other paid leave such as sick, vacation, or personal business days or personal holidays for the purpose of recovery from the birth of a child; and/or to bond with a newborn or newly-adopted child under 18 years of age.
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Exclusions to the Policy
• Employees who have been employed by the University– for less than one continuous year (12 months)
• half-time or more in a benefits-eligible faculty or staff position, and graduate student employee position, or a benefits-eligible post-doc position
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Definitions
• A Parent is a: – male or female faculty or staff member, graduate student
employee, or post-doc who is a birth mother; – a father of the birth child; – a same-sex domestic partner of the birth mother; – a same-sex domestic partner of the birth father; – an adoptive mother or father;– a same-sex domestic partner of an adoptive mother or
father.
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General Provisions
• IPFW will provide PPL to an eligible employee during the first 12 months following birth or adoption.
• PPL is a benefit of employment – its use will not be considered as a negative factor in
employment actions,• such as hiring, promotions and disciplinary actions, and under
attendance policies.
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General Provisions
• Departments should be flexible in managing PPL requests to allow faculty and staff to handle career and family responsibilities.
• Workload issues should be dealt with proactively so that excessive work demands are not placed on other faculty and staff.
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Leave Provisions
• PPL will be paid at 100% of an eligible employee’s straight time, regular pay based on full time equivalency for the specified time outlined in this policy.
• Multiple births/adoptions will be counted as one occurrence.
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Leave Provisions
• The birth mother may receive up to 240 hours (6 weeks) of PPL for – recovery from childbirth and – to bond with newborn child.
• Adoptive Parents of a newborn or newly adopted child may receive up to 120 hours (3 weeks)– to bond with child
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Leave Provisions
• PPL is available for a 12 month period following birth of a child or following placement of a newly adopted child in eligible employee’s home.
• The PPL will generally commence immediately following the birth or adoption.
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When Both Parents Are Eligible
• If both parents are eligible, the parents may elect to combine the total of their PPL and allocate between them for a combined maximum of 360 hours, provided the maximum any eligible employee may receive is 240 hours.
• Ex. Birth Mother: 240 hoursEligible employee: 120 hours
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When Both Parents Are Eligible
• In situations where neither is the birth mother the maximum combined hours is 240
• The parents may allocate the hours in the manner that best suits their needs.– they must give IPFW advance notice of the
allocation they choose.
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Intermittent and Reduced Leave• PPL is available on a:• continuous• intermittent (separate blocks of time), or • reduced schedule (reduced work hours per
day or week) basis. • Intermittent requires supervisor approval. – A reasonable effort to schedule intermittent or
reduced schedule so as not to unduly disrupt operations must be made.
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Concurrent with FMLA
• PPL may run concurrently with FMLA if:– Employee is eligible for FMLA
• FMLA leave available will decrease, in whole or in part, the amount of FMLA leave available
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Notice
• Employee shall initially verbally notify his/her supervisor of the need for PPL and the timing and duration of the leave. – If it is forseeable, employee must give at least 30
calendar days advance notice. – If it is not forseeable, then notice must be given
when practical
• A verbal request must be followed up with appropriate leave request forms.
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Documentation Required• Medical documentation for the birth of a child
is required.– completed and signed by the individual’s health
care provider
• If FMLA leave is used, then medical certification requirements will govern.
• Appropriate adoption documentation from adoption agency or attorney is required.
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Return to Work Statement
• If PPL is due to birth of a child:– birth mother must obtain a return to work statement from
health care provider and – present to Human Resources upon returning to work.
• Must specify if employee is able to work and – any physical or other restrictions.
• Reinstatement may be delayed until documentation is provided.
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Reinstatement
• The eligible employee will be reinstated to:– the same position he/she held when PPL began or – to an equivalent position with equivalent pay,
benefits, and other terms and conditions of employment.
• Provided the employee can perform the essential functions of the position.
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Reinstatement Exceptions
• The University’s obligation to restore employee to same or equivalent position cease if and when:– The employment relationship would have
terminated if the employee had not take PPL– The employee informs the University of his/her
intent not to return to work at the expiration of the PPL
– The employee fails to return to work at the expiration of PPL Leave.
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Coordination of PPL with Other Leaves
• PPL may be used in conjunction with a variety of paid and unpaid leaves such as:– sick leave & vacation leave, – personal business days, personal holidays and/or– short term disability.
• Employee should contact HR Benefits for consultation.
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Confidentiality
• All medical information, whether verbal or written shall be kept confidential to the maximum extent possible.
• All medical documents must be maintained within Human Resources department in confidential, secure files separate from personnel files.
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Questions?
Contact Human Resources Benefits Administrators:
• Tina Chin 481-6684• Tina Sullivan 481-6683
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