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FMLA/ADA/ADAAAJanuary 5, 2011

Valley City State University

Office of Employee Services

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FMLA• Family & Medical Leave Act

• Became law August 6, 1993

• FMLA must be offered by companies with 50+ employees within a 75 mile radius of the worksite



Qualifying Reasons• Provides employees 12 weeks of unpaid leave during a 12

month period▫ Birth, adoption, or foster care of a child▫ Employee’s serious health condition▫ Family member’s serious health condition▫ Exigency Leave (only for reserves, national guard, etc.)

• Provides employees up to 26 weeks unpaid leave in a 12 month-period▫ Military Caregiver Leave – Covered Service Member



Serious Health Condition

• Long-term/terminal illness

• Injury

• Impairment

• Physical or mental condition that involves:▫ Overnight stay as an

inpatient ▫ Continuous treatment



Eligibility & FMLA Management• Employed 12 months

• Worked 1,250 hours during the past 12 months

• Managed on a rolling (backward) 12-month calendar year

• Earn time back as it was used 12-months later



Jan. 1, 2011

Jan. 1, 2010

FMLA Begins…• After 3 consecutive days of

absence

• Contact Director of Human Resources

• Evaluate:▫ Employee Eligible?

1 yr, 1250 hours▫ How long have they been out?

3 consecutive days

• Employee needs to complete paperwork



3

Paperwork & Documentation1. HR notifies employee they are/not eligible

2. If eligible:▫ Provide employee paperwork for doctor to complete and notice

of rights

3. Paperwork is sent back to Director of HR and kept in confidential medical file

4. Director of HR confirms/denies FMLA leave

5. Director of HR confirms dates of absence with supervisor and provides sheet to track leave

6. Follow-up from employee and doctor monthly



Why all this work?



• FMLA is an employee’s right.

• Always good to be sure employees are sick.

• Recent legal action:▫ 12/20/2010 – Verizon agrees to settle in class action suit that

can cost them over $6 million for denying FMLA claims between 2007-2010.

http://www.youtube.com/watch?v=8vV9yXK5qK8

Employee Rights



• Return to a position with equal pay and benefits

• Use paid leave concurrently with unpaid time (required by VCSU)▫ Sick Leave▫ Annual Leave▫ Comp Time (New)▫ Donated Leave

• View the NDUS FMLA Policy

http://www.ndus.nodak.edu/makers/procedures/hr/?SID=41&PID=243&re=d

Supervisor Responsibilities



• Call the Director of HR with early notice and begin a dialogue▫ Faculty will also need to inform the VPAA▫ Faculty leave may be measured differently

• Track leave time of absence▫ Supervisors see the employee and know when they are

present (or not)

• Remain in contact with the employee.▫ Be supportive▫ Assist with accommodations where capable

Questions?



ADA/ADAAA



ADA/ADAAA• Americans with Disabilities

Act / Amended Act

• July 26, 1990 signed into law▫ 25 or more employees

• July 26, 1992 signed into law▫ 15 or more employees

• January 1, 2009 ADAAA made law▫ There aren’t published

regulations



Disability Definition• Has a mental or physical

impairment that substantially limits one or more life functions

OR

• Has a record of such an impairment

OR

• Is regarded as having such an impairment



Accommodation• Employer must provide reasonable accommodation to an

employee with a disability

• Reasonable is not defined, but should not cause undue hardship to the employer

• How do we determine?▫ Documentation from the doctor▫ Position Description sent to doctor▫ Budget expenditure amount



Comparison

FMLA ADA/ADAAA

• Required to attempt to provide light duty

• Can return to original position

• Can Return to Equivalent position

• Can NOT offer lower position that can accommodate

• NOT required to attempt to provide light duty

• Can return to original position

• Can Return to Equivalent position

• Can offer lower position that can accommodate



Supervisor Responsibilities



• Work with the Director of HR and the employee▫ Get appropriate information to know how to accommodate

• Document wisely▫ Poor performers may choose not to disclose a disability▫ Be aware of actions and share dialogue with them

• Be careful of conclusions and instead confront

Questions?



RoundtableDiscussion



Time away from work…



• Office Hours?

• Rest Periods

• Flexible Scheduling

http://www.ndus.nodak.edu/makers/procedures/hr/?SID=37&PID=239&re=d

http://www.vcsu.edu/documents/policymanual/vp.htm?p=1673

Scenario



Bill is a high-performing, salaried employee that is always willing to take on more for the good of the department/team. He shows up early to be prepared to start his shift, and seeks approval before acquiring overtime.

Brian is an moderate, salaried employee at best. He is often 2-3 minutes late, and is always ,“Way too busy,” to help other employees out. He has missed some major deadlines and forgets to ask for overtime because he was busy.

Questions…



1. Bill comes to you at noon on Wednesday and explains he has been trying to get his car to the shop but they have been booked a month out. Today they had a cancellation and he want to leave at 4:00PM even though there is a team-deadline by the end of the day. What do you say?

2. Brian, having observed Bill, comes to you at 2:00PM the next day with the same scenario wanting to leave at 4:00PM even though there is another team-deadline. He informs you he worked through lunch so he wouldn’t have to take leave. What do you say?

3. Brian comes to you on Friday afternoon and informs you he worked 1 hour late Monday-Thursday to complete his work. To keep from overtime he now wants to leave at noon on Friday. What do you say?

4. Bill comes to you on Friday afternoon and informs you he worked 1 hour late Monday-Thursday to complete his work. To keep from overtime he now wants to leave at noon on Friday. What do you say?

Pressing Items?

Agenda for next meeting?



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Documents