Family Medical Leave Act

Municipality of AnchorageEmployee Relations-Benefits

Session Objectives Overview of Family Leave

Laws

Employee’s Role

Supervisor’s Role

Leave Administrator’s Role

FMLA Packet

Workers Comp-FMLA-ADA

Family & Medical Leave Act of 1993 (FMLA)Provides a job-protected absence for up to 12 weeks in a 12 month period to eligible employees for a qualifying condition.

Alaska Family Leave Act of 1992 (AFLA)Parental Leave:Provides a job protected absence for up to 18 weeks in a 12 month period to eligible employees for pregnancy, childbirth, or adoption.ANDSerious Medical Conditions:Provides a job protected absence for up to 18 weeks in a 24 month period to eligible employees for a qualifying condition.

Entitlements

When an employee is eligible under both Acts, the entitlements run concurrently

Who is an Eligible Employee?

For FMLA: employed by the MOA for at least 12 months; and worked at least 1,250 hrs over the past 12 months.

All employees who meet the employment thresholds. (including executive, seasonal, part-time etc)

For AFLA: employed by the MOA for at least 6 months paid or approved LWP status for 910 hours

35 hrs/wk for at least 6 consecutive months 17.5 hrs/wk for at least 12 consecutive months

Reasons for Taking Family Leave

For a serious health condition that makes the employee unable to perform their job

To care for an employee’s family member who has a serious health condition

To care for an employee’s child after birth, placement for adoption, or foster care (FMLA only)

Who are Family Members? Spouse

Legally married AFLA - Same sex domestic partners

Child biological, adopted, stepchild, or legal ward who is

under the age of 18 or for an older child because of a physical or mental disability is incapable of self care.

FMLA - also includes a foster child or a child of a person standing “in loco parentis”.

Parent FMLA - biological or individual who stands or stood

“in loco parentis”. AFLA - biological, adoptive, parent-in-law or step-

parent.

What is a Serious Health Condition?

An injury, illness, impairment or physical or mental condition that involves one of the following:

Hospital Inpatient Care-overnight stay Absence Plus Continuing Treatment Pregnancy/Prenatal Care (including pregnancy

complications, delivery and recovery) Chronic Conditions Requiring Treatments Permanent/Long-term Conditions Requiring Supervision Multiple Treatments (Non-chronic Conditions)

Determining a Serious Health Condition

May Be Qualifying appendicitis emphysema heart attack stroke cancer

Probably Not Qualifying common cold ear infection flu minor ulcers allergies

The Leave Administrator will make the final determination of a serious health condition

Other Definitions

“Incapable of self care” - when an individual requires active assistance or supervision in daily activities to appropriately care for their own hygiene, nutritional needs, and safety.

“Incapacity” - inability to work, attend school, or perform regular daily activities due to the serious health condition.

“In loco parentis” - those with the day-to-day responsibilities to care for and financially support a child or, who had such responsibility for the employee when the employee was a child.

“Needed to care for” - includes physical and/or psychological care when the family member is incapable of self care for his/her own basic needs.

“Physical or mental disability” - a physical or mental impairment that substantially limits one or more of major life activities.

New Statutory Entitlement

On January 28, 2008 President Bush signed the national Defense Authorization Act for Fiscal Year 2008.

Law amends the FMLA to provide extended leave for family members to care for ill or injured service members.

Leave Care

Up to 26 weeks of unpaid leave in a single 12 month period

Son, daughter, spouse, parent, or next of kin of a covered service member

Definitions

Covered service member-Armed Forces, National Guard or Reserves who is undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status, or is otherwise on the temporary disability retired list.

Serious injury or illness-incurred in the line of active duty which may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

Active duty-under a call or order under a provision of law as defined by the US Code.

FMLA AFLA Employment Thresholds (Eligibility)

Employed for 12 months, and

Worked 1,250 hours over the past 12 months

Employed 35 hours/week for 6 consecutive months, or 17 ½ hours/week for 12 consecutive months

Absence 12 weeks 18 weeks

Frequency Over a 12-month period Over a: 24-month period (medical) 12-month period (parental)

Medical Leave is taken for (Serious Health Condition)

Employee Family Member

Employee Family Member

Reasons Employee takes Parental Leave

Pregnancy Childbirth Post-childbirth adoption Placement for adoption Foster Care

Pregnancy Childbirth Post-childbirth adoption Placement for adoption

Review & Compare

Concurrent & Non-concurrent Family Medical Leave

If the event qualifies under both FMLA laws the entitlement time will run concurrently.

Events that qualify under state AFLA but not under federal FMLA won’t run concurrently and won’t exhaust federal FMLA entitlement.

Concurrent Events Under FMLA & AFLA

Parental, birth, adoption Employee’s serious health condition Employee’s family members serious

health condition Spouse Child under 18 or disabled older child Parent or loco parentis

Non-concurrent Events Under FMLA & AFLA

FMLA AFLA

Placement of foster Child Not counted towards 18 week entitlement

Not counted towards 12 week entitlement

Same sex domestic partners

Not counted towards 12 week entitlement

Step-parent or parent-in-law

Military Caregiver leave for “next of kin”

Not counted towards 18 week entitlement

Leave Usage

Accrued leave must be exhausted before leave-without-pay is taken.

Other than banked leave hours & 80 hours retained NCS Currently, banked hours may be used at employees

discretion

Donated leave requests should be submitted to Director of Records & Benefits ~ ERAuthorizations@muni.org

catastrophic events not for maternity or Parental leave

Paternity leave must be taken within 12 mths of birth Paternity leave must be taken in one continuous time-

not intermittent or reduced work schedule

What does Family Leave do for an Employee?

Allows time off for family medical reasons

Job protection during the absence

Continues health care coverage FMLA 12 weeks

Protects employment benefits that accrued prior to the absence

Employee Responsibilities

Provide 30 days notice when possible Disclose a qualifying reason.

Submit a completed Request for FMLA form to LeaveAdministrator@muni.org or fax to 249-8010Notification may be received from Supervisor if employee is unavailable

Provide a completed Certification of Health Care provider form

Make arrangements if in leave without pay for benefit co-pays prior to returning to work at 343-6882

Employee Responsibilities

Provide updates to Leave Administrator of FMLA status, changes, and expected return to work date.

Provide a Fit-for-Duty Statement 2 days prior to RTW

Provide a physician’s statement of treatment for intermittent leave

Pre-arrange schedule with supervisor Submit written request to bank leave hours

AMEA up to 80 hours All other except IBEW employees up to 40 hours

Certification of Health Care Provider (CHCP)

The MOA requires a completed Certification of Health Care Provider form to document a serious health condition Employee

Family member

Parental Leave only requires the one page CHCP

Supervisor’s Responsibilities

Inquire about the absence, be aware of qualifying conditions, Is the absence for the employee or a family member?

Invoke family leave conditionally if the employee is unavailable. Complete the Request for FMLA and send to the

LeaveAdministrator@muni.org

Inform the Leave Administrator Fax Request to 249-8010

Populate the Kronos Time card if leave is intermittent

Leave Administrator’s Role

Confirm eligibility Make final determination Request clarification of CHCP Send Designation Notice Notify supervisor and payroll specialist Initiate event and Case Management Provide communication to supervisor

and payroll specialist on return to work status or extension of time

Communication is the Key

Notify the Leave Administrator if there are: changes in the condition and/or expected absences, or other issues/concerns in conjunction with family leave

The Leave Administrator informs the Supervisor: if an employee qualifies for family leave, When entitlements are denied of expected absences and the duration, and when entitlements will expire/exhaust

Record Keeping

Employee Relations maintains the official medical file for an employee.

Medical files are confidential and must be kept

secure and separate from performance and payroll records.

Bermuda Triangle

Workers Compensation

FMLA or AFLA

ADA Reasonable Accommodations

Be Aware & Start a Dialog

Presented By Herb Wilden

Resources

Family & Medical Leave Act - 29 CFR 825

Alaska Family Leave Act - AS 39.20.500

Leave Administrator – 343-4412 Bonnie Scarborough

CONTACTS

• MOA Health Benefitsbenefits@muni.org Fax: 343-4454

• Employee Relations Authorizationserauthorizations@muni.org Fax: 249-7658

• Leave Administratorleaveadministrator@muni.orgFax: 249-8010