What MDT Employees Need to Know About the Family and Medical Leave Act

1
What MDT Employees Need to Know About the Family
and Medical Leave Act
2
What is the FMLA?

• The Family and Medical Leave Act of 1993 is a
  federal law.

The FMLA entitles eligible employees to up to 12
weeks of unpaid, job-protected leave during a
12-month period for specified family and medical
reasons.
3
What protections does FMLA provide state
employees?

• Job-protected leave

• Job restoration

• Continuation of the states contribution to
  insurance benefits

4
Eligibility for FMLA leave
In a position with benefits
Worked for Montana state government at least 12
months, and

• In a pay status for at least 1,040 hours during
  the 12 months immediately preceding the leave

5
Is FMLA a new type of paid leave?

• FMLA does not provide a new source of paid
  leave but is provided at the same time as the
  states paid leave and leave without pay system.

6
What are the reasons for FMLA leave?
the birth of a child and to care for the newborn
child.
the placement of a child with the employee for
adoption or foster care.
to care for a spouse, child or parent with a
serious health condition.

• a serious health condition that renders the
  employee
• unable to perform the functions of his or her
  job.

7
How does FMLA define these terms?
8
What is a Child?
A son or daughter who is a biological, adopted,
foster child, stepchild, legal ward, or a child
of a person standing in loco parentis,

• and is either under age 18, or age 18 or older
  and "incapable of self-care because of a mental
  or physical disability."

9
What is a Parent?

• A biological parent or an individual who stood
  in loco parentis to an employee when the employee
  was a son or daughter.

• Does not include parents "in-law."

10
What is a Spouse?

• A husband or wife as recognized under state law
  for purposes of marriage in the state where the
  employee resides.

11
What is a serious health condition?

An illness, injury, impairment, or physical or
mental condition that results in
12
Serious Health Condition (continued)

• a period of incapacity requiring more than 3
  days absence from work and continuing treatment
  by a health care provider,
• or

13
Serious Health Condition (continued)

• continuing treatment by a health care provider
  for a chronic or long-term health condition that
  is so serious that, if not treated, would likely
  result in incapacity of more than 3 days,
• or

14
Serious Health Condition (continued)

• an overnight stay by an employee in a hospital,
  hospice or residential medical care facility,
• or

15
Serious Health Condition (continued)

• continuing treatment by or under the supervision
  of a health care provider for a chronic or
  long-term condition or disability that is
  incurable,
• or

16
Serious Health Condition (continued)

• an absence related to treatment or therapy for an
  illness or injury (suffered by the employee or
  the employees family member) that, if left
  untreated, would result in absences exceeding 3
  days.

17
What is not a serious health condition?

• routine medical check-ups,
• colds,
• flu,
• dental appointments, and
• other medical conditions that do not result in
  continuing care by a medical provider.

18
Who decides if the leave is FMLA-qualifying?

• The supervisor makes the decision based on
  information from the employee and advice from the
  HR Specialist responsible for FMLA policy.

19
How does an employees leave get designated as
FMLA leave?
It is MDTs responsibility to designate leave as
FMLA-qualifying and to give notice of designation
to the employee.
The designation decision is based on information
received from, or on behalf of, the employee.

• The determination of eligibility may include a
  requirement for medical certification.

20
When does FMLA leave begin?

• FMLA leave will be designated from the first
  day leave is taken for an FMLA-qualifying
  reason.

21
Do employees get 12 weeks each time a new
qualifying event occurs?
Total of 12 weeks FMLA leave each year
Measured forward from 1st day FMLA leave is taken

• May use the 12 weeks for multiple qualifying
  events

22
Is medical certification required for an employee
to take FMLA leave?

• Agencies may require medical certification to
  verify the employees need to take FMLA leave due
  to a serious health condition of the employee,
  the employee's spouse, parent or child.

• Employees have 15 working days to obtain the
  medical certification.

23
What types of paid leave are available to someone
who takes FMLA leave?
24
Sick Leave
Employees taking FMLA leave for purposes that
qualify for use of sick leave will be required to
take accrued sick leave before leave without pay
will be approved,

• unless the reason for the leave is due to an
  accident or illness covered by workers
  compensation insurance.

25
Annual Vacation Leave

• Employees may request to take their accrued
  annual vacation leave during an approved FMLA
  leave.

• MDT may not require employees to take accrued
  annual leave during FMLA leave if the reason for
  absence is illness.

26
Exempt Compensatory Time

• MDT may require employees to use accrued exempt
  compensatory time when approving FMLA leave.

27
Non-Exempt Compensatory Time

• MDT may allow employees to use accrued
  nonexempt compensatory time, but the hours will
  not count toward the employees entitlement to 12
  weeks of FMLA leave each year.

28
Holidays

• MDT will not count holiday benefit time toward
  FMLA leave entitlement, unless the employee is
  scheduled to work on a holiday for more hours
  than the holiday benefit. The additional hours
  will count toward the FMLA entitlement.

29
THE END

• For more information, contact Bonnie McElroy,
  Human Resource Specialist, MDT Human Resource
  Division.
• The policy and forms are located on the Intranet
  at
• http//mdtinfo.mdt.state.mt.us/pers/docs/policies
  /3-0313.pdf
• http//mdtinfo.mdt.state.mt.us/mdt/mdt_forms.html
  pers