FMLA Updates

1
FMLA Updates

• Magdalena Vigil
• Director,
• Employee Relations

2
FMLA Changes

• Changes effective January 16, 2009
• Changes to the existing FMLA
• Litigation
• Administration
• Additional military leave provisions to the FMLA
• Passage of National Defense Authorization Act

3
Notice to Employees

• Employers will be required to provide employees
  with
• A general notice via either a poster or via the
  employee handbook and upon hire
• A rights and responsibilities notice
• An eligibility notice
• A Designation notice
• The employer must advise the employee of the
  acceptance, denial, or a request for additional
  information in 5 days (increase)

4
Serious Health Conditions

• More than 3 consecutive full calendar days of
  incapacity plus two visits to a health care
  provider within 30 days- the first visit must
  occur within 7 days of the onset of the condition
• Chronic Conditions that require self-treatment
  requires doctor visits at least twice a year

5
Medical Certification

• Certification must list functions employees cant
  perform
• Certification is incomplete if applicable areas
  arent completed
• Certification not returned is considered a
  failure to provide
• Employers may not ask health care providers for
  additional information beyond that which the
  certification form requires

6
Medical Certification cont.

• There will be a separate certification form for
  family members
• If the employer feels the medical certification
  is incomplete or insufficient, he/she must
  specify in writing what information is missing
• Health care providers may provide a diagnosis of
  the patients health but it isnt required

7
Fitness for Duty

• An employer may require a fitness for duty if we
  do this for similarly situated employees.
• It should
• Address the employees ability to perform the
  essential functions of the job
• Address reasonable job safety concerns

8
Employee Responsibilities

• Employees have an obligation to respond to
  employer questions to determine if absence is
  FMLA Qualifying
• The employees response to a request for
  clarification must be provided in 7 calendar days
  unless not possible despite diligent good faith
  efforts
• The employee must follow the employers regular
  call-in procedures unless there is an unusual
  circumstance that prevents this
• Merely calling in sick without information is not
  sufficient notice for FMLA

9
Paid Time

• Not only can sick and annual leave run
  concurrently, but a public employer may require
  comp time to be used concurrently
• Employer cannot require that FMLA is taken
  non-concurrently with paid leave

10
Military Provisions

• Active Duty 12 weeks of coverage in 12 months
  to spouse, son, daughter, or parent of an
  individual called to duty when there is a
  qualifying exigency
• Caregiver Leave One-time 26 week leave in a 12
  month period (can be intermittent) for a spouse,
  son, daughter, parent, or next of kin who is
  the caregiver to care for a recovering service
  member with a combat related injury or illness

11
Military Provisions cont.

• Qualifying Exigency
• Short notice deployment
• Military events and related activities
• Childcare and school activities
• Financial and legal arrangements
• Rest recuperation
• Post-deployment activities
• Additional activities provided that the employer
  and employee agree it is exigent, and agree to
  timing and duration

12
Military Provisions cont.

• Next of Kin
• Another blood relative other than spouse, parent,
  son, or daughter (because covered elsewhere) who
  is designated by the Service Member (in writing)
  as the nearest blood relative
• Where no designation is made, multiple family
  members may qualify as next of kin

13
Next

• Expect an update to the current UBP 3440, Family
  Medical Leave by January

14
Questions

• Please contact
• Magdelena Vigil-Tullar
• Email msvigil_at_unm.edu
• Phone [phone]