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Family Medical Leave Act FMLA

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Family Medical Leave Act FMLA What does it mean to me as a Supervisor? FMLA The Family Medical Leave Act of 1993 provided for twelve (12) weeks of job-protected ... – PowerPoint PPT presentation

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Title: Family Medical Leave Act FMLA


1
Family Medical Leave ActFMLA
  • What does it mean to me as a Supervisor?

2
FMLA
  • The Family Medical Leave Act of 1993 provided
    for twelve (12) weeks of job-protected unpaid
    leave in a twelve (12) month period for
  • 1) Care for an Employees Serious Health
    Condition
  • 2) Care for Serious Health Condition of a
    Family Member
  • 3) Birth of a Child
  • 4) Adoption or Foster Care Placement
  • 5) Twenty-six (26) weeks of leave may be taken
    to care for a family
  • member who suffered a serious injury
    or illness during military service
  • 6) Twelve (12) weeks of leave may be taken
    to deal with exigencies related
  • to a family member being called to
    active duty or overseas deployment

3
FMLA may be taken in one (1) of three (3) ways
  • 1) Block of time a lump of time say three (3)
    weeks
  • 2) Reduced schedule an employee works ½ days
    or other reduced hour days
  • 3) Intermittent leave taken in small time
    frames from one (1) hour to a
  • couple of days at a time

4
Who is eligible for FMLA?
  • Any employee who has worked for Ingham County for
    at least twelve (12) months and 1,250 hours is
    eligible for FMLA.
  • 2) This includes full-time, three-quarter-time,
    part-time and seasonal employees
  • 3) FMLA eligibility will be determined by the
    Benefits Analyst

5
Reasons for leave
  • Birth of a Child/Pregnancy
  • Adoption or Foster Care Placement
  • Care for Employees Serious Health Condition
  • Substance Abuse
  • Care for Serious Health Condition of Employees
    Family Member
  • Qualifying Exigency
  • Military Service Member Care

6
What does this mean to me as a Supervisor?
  • AN EMPLOYEE DOES NOT NEED TO SAY THE WORDS FMLA
    OR
  • SERIOUS HEALTH CONDITION!!
  • FOR YOU TO TAKE ACTION!!
  • If an employee has been absent for three (3)
    consecutive days contact the Benefits Analyst to
    send out FMLA paperwork
  • 2) You become aware of a potential serious health
    condition for an employee or an employees family
    member
  • a) An employee calls in because their child
    was injured
  • b) They have a sick parent
  • c) Another employee says to you Did you hear
    Bill was in a car accident?
  • d) An employee tells you they need surgery
  • e) An employee tells you their parent/child is
    seriously ill
  • f) An employee has deployment paperwork for
    spouse, child,
  • parent or next of kin

7
What does this mean to me as a Supervisor?Continu
ed
  • 3) An employee does not have to tell you why they
    need FMLA
  • 4) You cannot pressure an employee to tell you
    the reason they will be on FMLA
  • Once you are aware of an employees need or
    request for FMLA
  • contact the Benefits Analyst or have the employee
    make the contact
  • AN EMPLOYEE DOES NOT NEED TO SAY THE WORDS FMLA
    OR SERIOUS HEALTH CONDITION!!
  • FOR YOU TO TAKE ACTION!!

8
What is the FMLA Process?
  • Once the Benefits Analyst is aware of an
    employees need or request for FMLA
  • The Benefits Analyst will determine if the
    employee is eligible for FMLA
  • a) Do they meet the twelve (12) month
    requirement
  • b) Do they meet the 1,250 hours worked
    requirement
  • c) Has the employee used their FMLA
    entitlement for the rolling
  • calendar
  • d) An employee does not need to have time in
    their leave bank to be
  • eligible for FMLA
  • If the employee does not meet the above
    requirements or has used their twelve (12) weeks
    of FMLA for the rolling calendar year they will
    receive a letter that they do not qualify for
    FMLA.
  • a) The employee may request Special Leave
    from the Department
  • Head which is covered in the
    employees Bargaining Unit agreement

9
What is the FMLA Process? Continued
  • 3) The Benefits Analyst will send a letter to the
    employee which will include
  • a) Ingham County FMLA Policy
  • b) Eligibility and Rights form
  • c) Certification form (either for self or
    family member)
  • d) Instructions to the Health Care Provider
  • e) The employee has fifteen (15) calendar days
    to return the paperwork,
  • although extensions may be asked
    for by the employee.
  • f) The Benefits Analyst will provide follow
    up if the deadline is not met
  • 4) Once the employee has completed and returned
    all forms the Benefits Analyst will send a
    designation letter which will let the employee
    know if their FMLA was approved or denied
  • 5) The Supervisor will also receive notice of the
    employees approval or denial of FMLA, not the
    reason for FMLA

10
As the Supervisor what do I do now?
  • You have received notice that an employees FMLA
    request has been denied
  • a) The employee may request Special Leave from
    their Department
  • Head as it relates to their
    Bargaining Unit agreement
  • b) The Department Head may chose not to take
    action on this request
  • Be Consistent in Your Actions
  • You have received notice that the employees FMLA
    request has been approved a) You will also
    receive notice as to the type of leave 1) block
    of time 2) reduced schedule or 3)
    intermittent
  • Your timekeeper will need to issue a PAR for the
    employee. It is important that the PAR does not
    state any medical information other than FMLA,
    otherwise we are not in compliance with HIPAA
    regulations

11
As the Supervisor what do I do now? Continued
  • 4) You will be required to track the amount of
    time an employee uses for FMLA
  • a) You need to know if an employee has
    exhausted their leave
  • b) An employee may request the amount of FMLA
    available to them
  • c) Human Resources needs to know the amount of
    time available
  • d) In case of suspected abuse or misuse
  • You will need to contact the employee when they
    have two (2) weeks of leave remaining
  • 6) While on block of time leave the employee will
    need to provide a status up-date once every
    thirty (30) days by calling the Benefits Analyst
  • 7) If the employees FMLA is for a family
    members Serious Health Condition please refer to
    the appropriate Bargaining Unit agreement for the
    use of sick time for the care of a family member

12
As the Supervisor what do I do now? Continued
  • 8) If the employees FMLA is intermittent every
    absence will be treated as FMLA unless the
    employee states differently
  • 9) If you suspect FMLA Abuse or Misuse contact
    Human Resources
  • 10) Supervisors, Timekeepers and the Benefits
    Analyst will need to work together during an
    employees FMLA

13
Tracking FMLA Usage
  • How to track FMLA usage
  • a) If the employee is on a Block of Time
    leave, (surgery) their usage is
  • very easy to track. Surgery date
    was Monday, June 10, 2013 and
  • they were cleared to return to
    work on Monday, July 1, 2013. The
  • employee has used three (3) weeks
    or 120 hours of their FMLA
  • entitlement. Should they have a
    need for FMLA again before June
  • 10, 2014 they would have nine (9)
    weeks or 360 hours available.
  • b) If the employee is on a Reduced Schedule
    (working ½ days) they
  • would use twenty (20) hours of
    FMLA each week while on this
  • reduced schedule

14
Tracking FMLA Usage Continued
  • c) If the employee is on Intermittent leave
    the fun really begins. Any
  • time the employee calls in, the
    absence is counted toward their
  • FMLA balance, unless the employee notifies
    you differently.
  • HOLIDAYS How to count them
  • a) If the employee is using FMLA in
    increments of less than one (1)
  • week the holiday will not count
    against the employees FMLA
  • entitlement unless the employee
    was otherwise scheduled and
  • expected to work during the
    holiday.
  • b) If the employee is on a Block of Time leave
    and a holiday occurs
  • during that time the holiday
    counts toward their FMLA entitlement

15
Tracking FMLA Usage Continued
  • OVERTIME Does it count?
  • a) If an employee is on intermittent or
    reduced schedule leave and
  • would normally be required to work
    overtime, this time would count
  • against the employees FMLA entitlement and
    need to be tracked
  • b) If overtime is voluntary it would not be
    counted against an employees
  • FMLA entitlement

16
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17
Calculating FMLA Usage
  • On February 8, 2014 George Clooney is approved
    for a new FMLA, his rolling calendar starts here.
    How do you calculate how much time he has
    available?
  • a) He starts over with a full 480 hours
  • b) We just continue with what he has left from
    last year
  • c) We calculate from todays date back
  • d) I dont have a clue

18
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19
Calculating FMLA Usage
  • The correct answer is C) We calculate from
    todays date back
  • How do we do that?
  • a) We start at the February 7, 2014 date and
    go back to February 7,
  • 2013 and total the amount of FMLA
    used for that time period, that
  • total is 250 hours, so he has 230
    hours available.
  • b) Georges FMLA starts on February 8, 2014 so
    we would add the
  • eight(8) hours he used on
    February 8, 2013 to his availability
  • because he earned them back so
    his actual availability would be 238
  • hours. We would continue to add
    hours back to his availability as we
  • move forward. On February 9th
    10th he would gain back eight (8)
  • hours for each day.
  • c) Looking at your worksheet when would George
    gain hours again?

20
Calculating FMLA Usage Continued
  • George would not gain additional time until March
    24, 2014, when he would gain four (4) hours.
  • I am going to make this tracking sheet available
    for anyone who would like to use it.

21
Leave Without Pay (LWOP)
  • An employee does not need to have an accrued
    leave balance to take FMLA.
  • 2) If while on FMLA, an employee has no accrued
    leave time and will have
  • to designate days off as LWOP these days
    still count toward FMLA usage and need to be
    entered on the tracking sheet
  • WORKERS COMPENSATION
  • FMLA runs concurrently with Workers Compensation
    when an employee is out due to a work related
    injury.

22
The employee is ready to return to worknow what?
  • Depending on the reason for FMLA the employee may
    be required to submit a fitness for duty
    certification to the Benefits Analyst
  • 2) The employee has the right to return to the
    same or equivalent position
  • a) Equivalent position is a position that is
    virtually identical in terms of pay, benefits
    working conditions, including perquisites and
    status. It must have the same or
    substantially similar duties, conditions,
    responsibilities, privileges and status. It must
    include the same shift, location, seniority and
    bonus opportunities

23
The employee is ready to return to work now
what? Continued
  • An employee may not just show up for work
  • a) While we would all love to have an employee
    return early, they must report any change in
    status. If an employee was scheduled to be out
    for six (6) weeks but their doctor releases them
    to return to work after four (4) weeks, they
    must notify the Benefits Analyst
  • b) The supervisor needs time to prepare for
    the return of an employee
  • c) Ensure that fitness for duty if required
    was returned and that the employee is cleared
    to return to work
  • d) Is the employee returning to work with or
    without restrictions

24
The Employees FMLA has run out and they are not
able to return to work
  • Each Bargaining Unit agreement has a Special
    Leaves section
  • 2) The Americans with Disabilities Act (ADA) has
    provisions for reasonable accommodations for
    employees with disabilities

25
Questions?
  • I can be reached at 517-676-7336 or at
    jclous_at_ingham.org

26
Thank You!!
  • I hope that you leave here with a better
    understanding of FMLA
  • If you have any questions at any time call me
  • Remember you do not need to handle FMLA on your
    own
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