fmla employee training v.4 revised 02 11 09
DESCRIPTION
TRANSCRIPT
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The Family and Medical Leave Act: What Every Employee Should Know
Presented byRandall Cumbaa, Senior Human
Resource AssociateEmployee Relations
Revised: February 2009
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Agenda
Introduction to FMLA Eligibility Designated Leaves Benefits of the FMLA Unlawful Acts Forms and Legal Requirements Paid Leave New Online Submission
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Family and Medical Leave Act of 1993
The Family and Medical Leave Act (FMLA), a federal law, is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for family reasons
FMLA accommodates the legitimate interests of employers and minimizes the potential for employment discrimination on the basis of gender
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Eligibility
To be eligible, employees must have been employed 12 months (need not be
consecutive, eg: Emory Healthcare, break in service, Emory University, student employment)
AND have worked 1,250* hours over the previous 12 months
24+ hours/week for 52 weeks 104+ hours/month for 12 months 40 hours/week for 31.25 weeks
*Must be actual hours worked (does not include sick or vacation)
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Designated Leaves
An eligible employee may be granted FMLA leave for: Birth and care of the employee’s newborn child Adoption or foster care Care for an immediate family member with a serious
health condition The employee’s own serious health condition A qualifying military exigency Care for a covered servicemember with a serious
injury or illness
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Military Exigency
Birth of C
hild
Employee Serious Health Condition
Family Member Serious Health Condition
Adoption or
Placement
12 weeks within a rolling calendar year
FAMILY AND MEDICAL LEAVE ACT 1993
Military Caregiver*
*26 weeks from start of leave
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JOB PROTECTION
Student EE, EHC, EUV
Previous 12 months
Leave of Absence Request (written or verbally 30 days prior to effective
date of leave)
FMLA Eligibility (5 Business Days)
FMLA Certification of Health Care Provider (30 days prior to effective date and no later than 15 days after
effective date of leave)
12 months combined
1250 hours worked12/26weeks
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JOB PROTECTION
Emory Employee
FMLALeaves of Absence DSJ-Medical Job Rel. DSN-Medical Non J.R. PER-Personal
Leaves of Absence DSJ-Medical Job Rel. DSN-Medical Non J.R. PER-Personal
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Birth and Care of Newborn Child
Includes periods of medical incapacity and “bonding”
Includes prenatal care. May be taken by both or either spouse* FMLA must conclude within one year of birth date
*When both spouses work for the same employer, a combined total of 12 weeks may be covered by FMLA
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Adoption or Foster Care
Includes periods to attend meetings with lawyers, adoption agencies, counseling sessions or travel to a foreign country
May be taken by both or either spouse* Employees must have permission to use intermittent
leave for adoptions or foster care FMLA must conclude within one year of adoption or
placement date
*When both spouses work for the same employer, a combined total of 12 weeks may be covered by FMLA
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Family Member with Serious Health Condition
Spouse Child (biological, adopted, foster child, stepchild or legal ward
under 18 yrs old OR over 18 and incapable of self-care due to a physical or mental disability)
Parent* (does not include in-laws) Same-sex domestic partner (to the extent the individual is
otherwise defined by Emory’s benefits policy)
*In Loco Parentis Provided day-to-day care and financial support during childhood Does not require a legal or biological relationship
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Qualifying Exigency
Arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty (or has been notified of an impending call or order to active duty)
Allow family members of military personnel to take leave for issues directly arising from the military member’s deployment
NOT available to family members of Regular Armed Forces
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Qualifying Exigency
Spouse Son/daughter/parent
Biological In loco parentis Step Legal ward Adopted Foster
Regardless of age
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Qualifying Exigency
Military events and related activities Child care and school activities Financial and legal arrangements Counseling Rest and recuperation Post-deployment activities Short notice deployment “Additional activities”
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Military Caregiver
To care for a covered servicemember With a serious injury or illness Current members of the Regular Armed Forces, National
Guard, Reserves, and TDRL Excludes former members of the Regular Armed Forces
and reserves and persons on the permanent disability retired list
Up to 26 workweeks from date of leave during a single 12 month period*
*When both spouses work for the same employer, a combined total of 26 weeks may be covered by FMLA
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Military Caregiver
Who can take military caregiver leave? Spouse Son/daughter-any age Parent –not parent-in-law In loco parentis Next of kin Employee need not be the only person available to
provide care In-laws are not qualified
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Serious Health Condition
“Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either:
Any period of incapacity connected with inpatient care, or
Continuing treatment by a health care provider lasting more than three consecutive days and any subsequent treatment or period of incapacity due to:
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Serious Health Condition
Pregnancy or prenatal care; A chronic serious health condition (eg:
asthma, diabetes) which may involve occasional episodes of incapacity
A permanent or long-term condition (eg: Alzheimer’s, stroke, terminal cancer);
Any absence to receive multiple treatments (eg: chemotherapy, physical therapy)
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Serious Health Condition
Minor illnesses that do not qualify Common cold Ear aches Upset stomach Minor ulcers Headaches other than migraines Routine dental or orthodontia problems
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Serious Injury or Illness
Incurred in the line of duty on active duty Injury/illness inhibits performance of military duties Serious injury or illness is a military provision
undergoing medical treatment or therapy is in outpatient status or is on the temporary disability retired list
Injury/illness must be present while the servicemember is still active in the military
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Benefits of the FMLA
An employer must maintain group health insurance coverage for an employee
Upon return from FMLA leave, an employee must be restored to the employee’s original job, or to an equivalent job (pay, benefits, other terms of employment)
Use of FMLA cannot result in the loss of any employment benefit that the employee earned before the leave
Cannot be counted against the employee as absences (in terms of performance)
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Unlawful Acts
It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA
It is also unlawful to discharge, discriminate, or retaliate against any individual for participating in FMLA
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Unlawful Acts
Discipline may not be taken against staff for requesting/using FMLA, nor can an employee be terminated during or upon return from FMLA due to having been on FMLA.
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Other Considerations
FMLA does not interfere with nor protect the employee should he/she be part of a Reduction in Force
Addressing performance issues upon return
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FMLA Forms and Legal Requirements
Leave of Absence Request Form (30 days foreseeable or as soon as practicable)
FMLA Eligibility Notice (5 business days) Certification of Health Care Provider Form
(15 calendar days)
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FMLA Forms and Procedures
Intermittent leave and reduced work schedules do not require a HRAF and leave balances are tracked and maintained by department
Before an employee may return to work, a provider’s release is required stating the employee can return to work with or without restrictions
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JOB PROTECTION
Emory Employee
Serious Health Condition Employee, Family Member or Birth
of a ChildAdoption or Placement
Leaves of Absence DSJ-Medical Job Rel. DSN-Medical Non J.R. PER-Personal
Leaves of Absence DSJ-Medical Job Rel. DSN-Medical Non J.R. PER-Personal
PAY STATUS PAY STATUS PAY STATUS
PaidSick Leave (then choice)
Accrued VacationHolidays Unpaid
STDLeave w/o Pay
PaidSick Leave (then choice)
Accrued VacationHolidays Unpaid
STDLeave w/o Pay
FMLA
PaidSick Leave (then choice)
Accrued VacationHolidays Unpaid
STDLeave w/o Pay
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Paid Leave
Sick Leave Vacation Leave Floating Holiday Salary Continuation* (Faculty or Principal) Short Term Disability* Long Term Disability Workers Compensation*
*Runs concurrently with FMLA
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Sick Leave
Used for periods of medical incapacity only Birth of a child (either spouse or SSDP) Care for immediate family member with a serious health
condition Employee’s own serious health condition
Accrued balance must be used first, then choice of: Vacation Floating Holiday Leave w/o pay STD
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Sick Leave and Short Term Disability
Effective 01/01/08, sick leave does not need to be exhausted to satisfy the waiting period for short term disability.
This means the disability benefit starts as soon as the waiting period is satisfied, thus providing the full benefit value to employees.
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Paid Leave
Birth of a Child Birth Mother
Sick leave or salary continuation during period of medical incapacity
Employee choice to use vacation, holiday, leave w/o pay or STD for periods of medical incapacity when eligibility is met
Employee choice to use vacation, holiday or leave w/o pay during remaining “bonding” period
Spouse or SSDP Sick leave is used for periods of medical incapacity which is
certified by the provider Employee choice to use vacation and holiday balances or leave
w/o pay for periods of “bonding” following period of medical incapacity
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Paid Leave
Adoption or Foster Care Employee choice to use vacation, floating holidays or leave
w/o pay Family Member with a Serious Health Condition
Sick leave Employee choice to use vacation, floating holidays or leave
w/o pay Own Serious Health Condition
Sick leave Employee choice to use vacation, floating holidays, leave
w/o pay or STD
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Paid Leave
Military Exigency Employee choice to use vacation, floating
holidays, bereavement or leave w/o pay Military Caregiver
Sick leave Employee choice to use vacation, floating
holidays or leave w/o pay
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Paid Leave
EXEMPT EMPLOYEE (Includes Principal Employees)If an exempt employee is on Family and Medical Leave of Absence (FMLA), the employee will be paid for actual hours worked on a reduced or intermittent leave. Hours not worked on an intermittent or reduced leave will be charged against an employee’s leave balance or will be leave without pay. Thus, employers can 'dock' the pay of otherwise-exempt, salaried employees for FMLA leave taken for partial day as well as full day absences.
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Faculty Leave*
Maternity Parental Salary Continuation
*Information on Provost’s website under “Academic Affairs”
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Family and Medical Leave ActElectronic Submission & Tracking Transparent Enhanced communication Tracks compliance Eliminates paper process Streamlined
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Leave Of Absence Request(FMLA)
Leave of Absence Request
Manager or Supervisor
Human Resource Representative
EmployeeManager or Supervisor
Human Resource Representative
Central HROD/ER
Employee
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Eligibility Notice
Eligibility Notice
Manager or Supervisor
Human Resource Representative
EmployeeManager or Supervisor
Human Resource Representative
Central HROD/ER
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Designation Notice
Designation Notice
EmployeeManager or Supervisor
Human Resource Representative
Central HROD/ER
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Questions?