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FMLA as Revised 04-09-13 Training for Supervisors

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Title: FMLA as Revised 04-09-13 Training for Supervisors


1
FMLA as Revised 04-09-13 Training for Supervisors
2
Introduction
  • The Family and Medical Leave Act (FMLA) was
    passed in 1993 and revised January 16, 2009 and
    March 8, 2013 with some provisions effective
    back to February 5, 2012. Of all federal
    employment laws, FMLA is one of the most popular
    and beneficial to employees. Employees are aware
    of the basic requirements of the law, but they
    may not realize the law provides employers with
    various options on how to administer FMLA. It is
    essential for all supervisors, in addition to the
    HR staff, to understand how to comply with FMLA
    and with the employers own FMLA policy.
    Employers need to train new and retrain current
    supervisors on FMLA and the employers policy so
    that employees receive the full and correct
    benefit of the law.
  • This sample presentation is intended for
    presentation to supervisors and other individuals
    who manage employees. It is designed to be
    presented by an individual who is knowledgeable
    in both FMLA and the employers own FMLA policy
    and practices. This is a sample presentation that
    must be customized to include and match the
    employers own policies and practices and the
    laws of the states in which it operates.

3
Objectives
  • At the close of this session, you will be able
    to
  • State what FMLA is.
  • Cite basic provisions of the law and the
    companys FMLA policy.
  • Understand employer coverage and employee
    eligibility.
  • Avoid actions prohibited by the law.

4
What Is FMLA?
  • Family and Medical Leave Act (FMLA) is the
    federal law passed in 1993, revised in 2009, and
    March 8, 2013. It requires employers to
  • Grant leave for family and medical circumstances,
    including leave for a qualifying exigency for
    families of members of the regular Armed Forces,
    National Guard and Reserves when the covered
    military member is on active duty or called to
    active duty in support of a contingency operation
    in a foreign country.
  • Grant leave to care for a spouse, son, daughter,
    parent or next-of-kin covered servicemember with
    a serious illness or injury incurred in the line
    of duty on active duty. Effective xxxxx 2013,
    eligible employees may take leave to care for a
    military members parent who is incapable of
    self-care when the care is necessitated by the
    members covered active duty. Such care may
    include arranging for alternative care, providing
    care on an immediate need basis, admitting or
    transferring the parent to a care facility, or
    attending meetings with staff at a care facility.

5
What Is FMLA? (contd)
  • Reinstate the employee to the same or an
    equivalent position upon conclusion of the FMLA
    leave.
  • Continue health benefits at the same level as
    prior to the start FMLA leave. Other benefits are
    governed by company policy.
  • FMLA also allows states to have more
    comprehensive provisions. (Our policy is in
    compliance with the family and medical leave laws
    in all the states in which we operate.)

6
Basic Provisions of FMLA Our FMLA Policy
  • Note Some provisions of FMLA give employers
    options. The options that Company Name have
    elected are included in this presentation.
    Otherwise, the provisions of FMLA and our state
    laws apply.

7
Basic Provisions (contd)
  • FMLA provides for up to 12 weeks of leave in a
    12-month period as defined by the employer for
    the following circumstances
  • Birth of a son or daughter and to care for the
    newborn child. This applies to both the mother
    and the father. The expectant mother may take
    FMLA leave for prenatal care or if the pregnancy
    makes her unable to work prior to the actual
    birth of the child.
  • Placement with the employee of a son or daughter
    for adoption or foster care. This leave must be
    given before the actual placement or adoption of
    a child if an absence from work is required for
    the placement for adoption or foster care to
    proceed.

8
Basic Provisions (contd)
  • Circumstances for FMLA Leave
  • 3. Care for the employee's spouse, son,
    daughter or parent with a serious health
    condition.
  • 4. A serious health condition that makes the
    employee unable to perform the functions of
    his/her job.
  • Note These two circumstances cover illnesses of
    a serious and long-term nature, resulting in
    lengthy absences. Generally, a chronic or
    long-term health condition that would result in a
    period of three consecutive days of incapacity
    with the first visit to the health care provider
    within seven days of the onset of incapacity and
    a second visit within 30 days of the incapacity
    would be considered a serious health condition.
    For chronic conditions requiring periodic health
    care visits, such visits must take place at least
    twice a year.

9
Basic Provisions (contd)
  • Circumstances for FMLA Leave
  • 5. A qualifying exigency for families of members
    of the regular Armed Forces, National Guard and
    Reserves when the covered military member is on
    active duty or called to active duty in support
    of a contingency operation in a foreign country.
    This leave may commence as soon as the individual
    receives the call-up notice. A qualifying
    exigency must be one of the following
  • Short-notice deployment.
  • Military events and activities.
  • Child care and school activities.
  • Financial and legal arrangements.
  • Counseling.
  • Rest and recuperation (up to 15 days)
  • Post-deployment activities.
  • Additional activities that arise out of active
    duty, provided that the company and the employee
    agree, including agreement on timing and duration
    of the leave.
  • Parental care-employee may take leave to care for
    the parent of the military member who is
    incapable of self-care. The parent must be the
    military member's biological, adoptive, step, or
    foster father or mother. As with all instances
    of qualifying exigency leave, the military member
    must be the spouse, son, daughter, or parent of
    the employee requesting qualifying exigency
    leave.

10
Basic Provisions (contd)
  • FMLA provides for up to 26 weeks of leave in a
    single 12-month period for the following
    circumstance
  • 6. To care for a spouse, son, daughter, parent
    or next-of-kin covered servicemember with a
    serious illness or injury incurred in the line of
    duty on active duty. Next-of-kin is defined as
    the closest blood relative of the injured or
    recovering servicemember. This type of FMLA leave
    is also known as military caregiver leave or
    covered servicemember leave.

11
Basic Provisions (contd)
  • FMLA 12-month period
  • An employer is permitted to choose one of the
    following methods for determining the 12-month
    period'' in which the 12 weeks of leave
    entitlement occurs
  • The calendar year.
  • Any fixed 12-month leave year, such as a fiscal
    year.
  • The 12-month period measured forward from the
    date any employee's first FMLA leave begins.
  • A rolling 12-month period measured backward from
    the date an employee uses any FMLA leave.
  • Company Name uses the rolling 12-month period
    measured backward for the FMLA circumstances 1-5
    above and uses the rolling 12-month period
    measured forward for the FMLA circumstance 6
    (military caregiver leave) above.

12
Basic Provisions (contd)
  • When a husband and wife both work for the
    company and each wishes to take leave for the
    birth of a child, adoption or placement of a
    child for foster care, or to care for a parent
    (but not parent-in-law) with a serious health
    condition, the husband and wife may only take a
    combined total of 12 weeks of leave.
  • When a husband and wife both work for the
    company and each wishes to take leave to care for
    a covered ill or injured servicemember, the
    husband and wife may only take a combined total
    of 26 weeks of leave.
  • FMLA leave may be taken intermittently or on a
    reduced leave schedule with the following
    exception
  • When leave is taken after the birth or placement
    of a child for adoption or foster care, an
    employee may take leave intermittently or on a
    reduced leave schedule only if the employer
    agrees. Company Name agrees to this type of
    FMLA leave and our policy so states.

13
Questions? Comments?
14
Basic Provisions (contd)
  • FMLA does NOT require paid leave.
  • The law allows employers to require employees to
    use any paid leave that they may have as part of
    their FMLA leave. Company Name includes this
    requirement in its FMLA policy. In other words,
    when possible, we run FMLA leave concurrently
    with sick and vacation leave, workers
    compensation, and disability insurance.
  • The law also allows employees to use their PTO
    during their FMLA leave if the use of the PTO
    would meet the normal requirements for use (i.e.,
    if PTO policy allows PTO leave to be used by
    employee for children who are sick, the employee
    may also use this during FMLA to care for a sick
    child).

15
Basic Provisions (contd)
  • FMLA allows employers to require employees to
    submit certification of the need for FMLA leave.
    Our policy requires the types of certifications
    listed below. Human Resources provides the
    appropriate form to employees who may have a FMLA
    circumstance and handles all follow-up on medical
    certifications.
  • Certification may be required for the
  • Employees serious health condition.
  • Family members serious health condition.
  • Qualifying exigency for military family leave.
  • Serious Injury or illness of covered
    servicemember for military family leave.

16
Basic Provisions (contd)
  • Employees requesting FMLA leave must provide
    verbal or written notice of the need to the HR
    manager. Within five business days after the
    employee has provided this notice, the HR manager
    will provide the employee with notice of
    eligibility and rights.
  • When the need for leave is foreseeable, the
    employee must provide at least 30 days notice.
    When the employee becomes aware of the need for
    FMLA leave less than 30 days in advance, the
    employee must provide notice of the need for the
    leave either the same day or next business day.

17
Basic Provisions (contd)
  • When the need is not foreseeable, the employee
    must comply with our company policy for
    requesting leave, absent unusual circumstances.
  • Within five business days after the employee has
    submitted appropriate certification, the HR
    manager will complete and provide the employee
    with a written response to the employee regarding
    the designation of FMLA leave.  

18
Questions? Comments?
19
Employers Covered by FMLA
  • Private and public employers that employ 50 or
    more employees for each working day during each
    of 20 or more calendar workweeks in the current
    or preceding calendar year.
  • Note FMLA may require us to grant FMLA leave to
    agency temporary employees. If you have a
    temporary employee requesting FMLA leave, contact
    Human Resources.

20
Employees Eligible for FMLA Leave
  • An eligible employee is an employee of a covered
    employer who
  • Has been employed by the employer for at least 12
    months and
  • Has worked for at least 1,250 hours during the
    12-month period immediately preceding the
    commencement of the leave, and
  • Is employed at a worksite where 50 or more
    employees are employed by the employer within 75
    miles of that worksite.
  • The 12 months of employment need not be
    consecutive. Separate periods of employment will
    be counted, provided that the break in service
    does not exceed seven years. Separate periods of
    employment will be counted if the break in
    service exceeds seven years due to National Guard
    or Reserve military service obligations or when
    there is a written agreement stating the
    companys intention to rehire the employee after
    the service break.

21
Questions? Comments?
22
Employer Actions Prohibited by FMLA
  • Making pre-hire inquiries regarding need for FMLA
    leave.
  • Including periods of FMLA to disqualify employees
    for good attendance awards or non-performance
    bonuses unless the bonus or award payment is
    based on a specified goal such as
    hours worked, products sold or perfect attendance
    and the employee has not met that goal because of
    the FMLA absences, as long as other employees on
    an equivalent leave status are treated the same.
    For example, if an employee who used paid
    vacation leave for a non-FMLA purpose would
    receive the payment, then the employee who used
    paid vacation leave for an FMLA-protected purpose
    also must receive the payment.
  • Asking employees for a doctors note for each use
    of intermittent FMLA leave. Contact the HR
    manager if you question an employees use of FMLA
    leave.

23
Employer Actions Prohibited by FMLA (contd)
  • Interfering with an employees rights under FMLA.
  • Retaliating against employees who file FMLA
    complaints or exercise their FMLA rights.
  • Note FMLA uses the same definition of employer
    as the FLSA and includes any person acting
    directly or indirectly in the interest of an
    employer in relation to an employee.
    Consequently, managers and officers may be
    individually liable for any violations of the
    requirements of FMLA.

24
Questions? Comments?
25
Summary
  • FMLA is the federal law that requires employers
    to grant leave for family and medical
    circumstances and to reinstate the employee in
    the same or an equivalent position upon
    conclusion of the leave.

26
Summary (contd)
  • The six FMLA circumstances are
  • Birth of a son or daughter and to care for the
    newborn child.
  • Placement with the employee of a son or daughter
    for adoption or foster care.
  • Care of a spouse, son, daughter or parent with a
    serious health condition.
  • A serious health condition of the employee that
    makes him/her unable to work.
  • A qualifying exigency for families of members of
    the Regular Armed Forces, National Guard and
    Reserves when the covered military member is on
    active duty or called to active duty in support
    of a contingency operation in a foreign country.
  • Care of a spouse, son, daughter, parent or
    next-of-kin covered servicemember with a serious
    illness or injury incurred in the line of duty on
    active duty.
  • Note For circumstances 1-5 above the employee
    may use up to 12 weeks of FMLA leave in a
    12-month period. For circumstance 6 above, the
    employee may use up to 26 weeks in a single
    12-month period.

27
Summary (contd)
  • FMLA leave may be taken intermittently or on a
    reduced work schedule.
  • FMLA leave at Company Name will be run
    concurrently with paid leave (sick, vacation),
    workers compensation and disability insurance
    whenever possible.
  • FMLA leave at Company Name requires
    certification for the employees serious health
    condition, the family members serious health
    condition, a qualifying exigency for military
    family leave and for the serious injury or
    illness of the covered servicemember for military
    family leave.

28
Summary (contd)
  • Employees requesting FMLA leave must provide
    verbal or written notice of the need to the HR
    manager and appropriate notice, depending on
    whether the leave is foreseeable or not.
  • Within five business days after the employee has
    submitted appropriate certification, the HR
    manager will complete and provide the employee
    with a written response to the employee regarding
    the designation of FMLA leave.  

29
Summary (contd)
  • An employee is eligible for FMLA leave when
    he/she
  • Has been employed by us for at least 12 months
    and
  • Has worked at least 1,250 hours during the 12
    months preceding start of FMLA leave and
  • Is employed at a worksite where 50 or more
    employees work within 75 miles of that worksite.

30
Summary (contd)
  • To avoid actions prohibited by FMLA, do not
  • Make pre-hire inquiries regarding the need for
    FMLA leave.
  • Include periods of FMLA leave to exclude
    employees from good attendance awards or
    non-performance bonuses.
  • Ask for doctors notes each time intermittent
    FMLA leave is used.
  • Interfere with an employees FMLA rights or
    retaliate against employees who file FMLA
    complaints.

31
Questions? Comments?
32
Course Evaluation
  • Please be sure to complete and leave the
    evaluation sheet you received with your handouts
  • Thank you for your attention and interest!
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