understanding fmla at youngstown state university linda moore, human capital management analyst...
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UNDERSTANDING FMLA at
Youngstown State University
Linda Moore, Human Capital Management Analyst
Debby LaRocco, Manager Employee Benefits
April 9, 2014
What is FMLA?
Family and Medical Leave Act of 1993
Federal law that requires employers to provide employees job-protected leave for qualified medical and family reasons
Purpose of the Law
Balance work and family life
Promote economic security of families and serve national interest in preserving family integrity
Employee Eligibility
Worked at least 12 months
Worked at least 1,250 hours during the 12 months before leave begins
Qualifying Leave Reasons
12 Workweeks of leave: Birth or placement of a child for adoption
or foster care To care for a spouse, son, daughter, or
parent with a serious health condition For the employee’s own serious health
condition Because of a qualifying exigency arising
out of active duty status of a covered military member who is the spouse, son, daughter, or parent
Qualifying Leave Reasons
26 Workweeks of leave:To care for a “covered servicemember” with a serious injury or health condition
Servicemember is a member of the Armed Forces including national Guard or Reserves
Eligible to care for spouse, son, daughter, parent, or “next of kin”. Next of kin can be other family member including brother, sister, grandparent, etc.
Definitions
Serious Health Condition: Illness, injury, impairment, or physical or mental condition involving:
Inpatient care Overnight stay in a hospital or other facility Any related incapacity or follow-up treatment
Continuing treatment by a health care provider Incapacity plus treatment, chronic conditions, pregnancy, permanent/long-term conditions, absence for multiple treatments
Definitions
Qualifying Exigency: arises out of the fact the employee’s spouse, son,daughter, or parent is a military membercalled to active duty
Allows time to prepare for duty – childcare and school activities, military events and activities, etc.
Definitions
Care of a Covered Servicemember: to care for a “covered servicemember” with a “serious injury or illness. “(26 weeks)
Incurred in line of active duty rendering member medically unfit
Covers spouse, son, daughter, parent, or next of kin.
Allows time to prepare for duty – childcare and school activities, military events and activities, etc.
Amount of Leave
Employee’s workweek is basis for entitlement
Leave may be taken intermittently or on a reduced leave schedule shortest increment of leave is one hour
Intermittent/Reduced Leave
Employee is entitled to take intermittent leave for:
Employee’s or qualifying family member’s serious health condition when medically necessary
Covered servicemember’s serious injury or illness is medically necessary
Qualifying exigency due to call to active duty status.
Substitution of Paid LeaveLeave may be paid if using accrued leave such as sick or vacation hours.YSU requires paid leave to run concurrently with FMLA
If FMLA (12 weeks) is exhausted and employee has more paid leave available, employee can remain off work as long as leave situation is still necessary.
Leave Codes (Biweekly Timesheets)
FMS* – Family Medical Leave using Sick hours
FMV* – Family Medical Leave using Vacation hours
FMP – Family Medical Leave using Personal hours
FMU – Family Medical Leave using Unpaid hours
* Leave Codes also used in semi-monthly Leave Reporting
Recording Time - WTETime Sheet
Employer Responsibilities
Provide a general notice – poster outside HR and other public areas, contracts, employee handbook, distributed to new employees
Provide notice of eligibility within 5 days of receipt of request
Provide reason if employee is not eligible
Employer Responsibilities
Maintain employee’s group health benefits throughout the 12 weeks on the same terms and conditions as if the employee were continuously employed (same rates as actively employed)
Restore employee to same or equivalent job (pay, benefits, and terms and conditions)
Employee Responsibilities
Provide sufficient and timely notice of the need for leave
30 days or as soon as practicable
Provide medical certification to support need for leave
Submit within 15 days
Provide periodic status reports if needed Notify employer about status and intent to return to work
Provide fitness for duty certification if needed Employer may require certification that employee is
physically and mentally ready to return to his/her job
FMLA Process at YSUAction Timing
Employee – Request Leave from HR Within 30 days of leave or as soon as practicable
Employer - HR will send you Notice of Eligibility and Rights Medical Certification Rights and Responsibilities Notice Calendar tracking (if needed)
Within 5 days of having enough information to determine if leave is FMLA-qualifying
Employee - Return completed Medical Certification or notice of deployment in case of exigency
Within 15 days
FMLA Process at YSU
Action Timing
Employee - Follow up with HR if leave dates change
As soon as event occurs
Employee – Notify HR when returning to work or if extension is required
Within a week of return
Employer – Will work with employee to determine other leave options if required or next steps if disability benefits are an option
Questions
Linda Moore at ext. 2137or
Debby LaRocco at ext. 1322
Each union contract may provide other leaves in addition to FMLA and each department may manage absences differently based on work load and other situations. FMLA is a federal law and the basic explanations provided are consistent throughout
the University. Unique situations do arise and should be discussed with HR and the supervisor.