f.u.n. slides family and medical leave act (fmla)

on FMLA

Purpose of FMLA

O The DOL states that “the FMLA allows

employees to balance their work and family

life by taking reasonable unpaid leave for

certain family and medical reasons. The

FMLA seeks to accomplish these purposes in

a manner that accommodates the legitimate

interests of employers, and minimizes the

potential for employment discrimination on the

basis of gender, while promoting equal

employment opportunity for men and women.”

www.GWHumanResources.com © Copyright 2016 GW Human Resources 2

Which Employers Are Covered?

O Those with 50 or more employees

O Employees who have worked for at least 12 months and at least 1250 hours during the previous 12 months


Which Employees Are Eligible?

What Does the FMLA Provide?

O Up to 12 weeks of unpaid leave in a 12-month

period for the serious health condition of the

employee or a family member, for the birth or

adoption of a child, or because a child, parent

or spouse of the employee has been called to

active duty in the military

O Up to 26 weeks of unpaid leave during a 12-

month period to care for a spouse, child or

parent who is an injured member of the

military


What is a “serious health condition?”

O Pregnancy or prenatal care

O Chronic, long term or permanent medical conditions

O Any condition that causes at least 3 consecutive days of absence combined with 2 or more treatments by a health care provider, where the first health care visit occurs within 7 days of the onset of the incapacityƒ

O Any condition that causes a period of incapacity of any length combined with inpatient care

O Consider this overlap: An FMLA “serious health condition” is Technically not the same as a “disability” under the Americans with Disabilities Act. However, as a result of the ADAA, the definitions are closer than ever before.


What are the Employer’s Responsibilities?

O Ensure that employees receive the required FMLA rights notices Notify employees whether leave is designated as FMLA leave and the amount of leave that will be deducted from the employee’s FMLA entitlement. (see grid in next slide)

O Train Managers on FMLA to ensure open communication with HR when employees are requesting leave. Any knowledge that leave may be for a FMLA qualifying reason should be communicated, so HR can notify the employee of their rights under FMLA.

O Allow 15 calendar days for employee to obtain medical certification

O Grant intermittent leave where requested

O Restore an employee returning from leave to the same or a substantially equivalent position held before the leave ƒ

O Don’t retaliate against employee for taking leave

O If an employer was not made aware that an employee was absent for FMLA reasons and the employee wants the leave counted as FMLA leave, timely notice (generally within two business days of returning to work) that leave was taken for an FMLA-qualifying reason.


FMLA Paperwork

Form Description Notes

Employee

Notice – Leave

Request Form

30 day notice is requested if the leave is foreseeable;

notice "as soon as practicable" when the need to take

FMLA leave is not foreseeable ("as soon as practicable"

generally means at least verbal notice to the employer

within one or two business days of learning of the need

to take FMLA leave)

Verbal or Written Notice

Leave Request Form should be

completed upon the verbal

notice.

Notice of

Eligibility &

Rights &

Responsibilities

Notice stating eligibility for FMLA leave or not. Also

Rights and Responsibilities. Notice must be given to

employee within 5 business days of their notifying the

employer.

Written Notice

Can use your own

or Optional form WH-381

Designation

Notice

provide a written notice designating the leave as FMLA

leave and detailing specific expectations and obligations

of an employee who is exercising his/her FMLA

entitlements. Give to employee within 5 business days

after receiving the employee's notice of need for leave.

Written Notice

Can use your own


Certification of

Health Care

Provider

An employer may require that the need for leave for a

serious health condition of the employee or the

employee's immediate family member be supported by a

certification issued by a health care provider. The

employer must allow the employee at least 15 calendar

days to obtain the medical certification.

Can use your own


Note: For clearer communication, each of these notices should be accompanied with a letter.


What Are Employee’s Responsibilities?

O Provide at least 30 days notice where the

need for leave is foreseeable

O Provide as much notice as possible where

the need for leave is not foreseeable


Substituting Paid Leave

O An employer can require or an employee

can voluntarily elect to use paid leave

benefits during FMLA leave.

O The substitution of accrued sick or family

leave is limited by the employer's policies

governing the use of such leave.

O The policy should be enforced

consistently to avoid discrimination.


What Records Must Be Retained?

O Employers are not required to submit any records to the DOL unless specifically requested by a DOL official.

O No particular order or form of records is required. However, employers must keep the records specified by FMLA regulations for no less than three years and make them available for inspection, copying and transcription by DOL representatives upon request.

O FMLA Files must be maintained as confidential medical records in separate files/records from the usual personnel files.


Required Posting

O Post the required FMLA poster of Right

and Responsibilities WH Publication1420

O Notify employees of FMLA rights in

employee handbook and inform new hires

of FMLA policies


What are the Potential Penalties?

O Back pay

O Reinstatement

O Benefits

O Attorneys’ fees

O Not posting rights: may be subject to a

civil money penalty of up to $110 for willful

failure to post


What you can do to Stay on the Safe Side of FMLA!

O The employee does not have to mention FMLA when requesting leave to meet the FMLA requirement, but may only explain why the leave is needed.

O Employers must choose 1 of 4 cycle options concerning leave timeframes – calendar year, rolling year, etc. Choose 1 and add it to policy and handbook.

O Employers should have policies on FMLA clearly stated in the handbook.

O In order to avoid discrimination claims, each employee should be treated in the same manner according to the policy and handbook.

O Key Employees Exception: Under limited circumstances where restoration to employment will cause "substantial and grievous economic injury" to its operations, an employer may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the employer must notify the employee in writing of his/her status as a "key" employee (as defined by FMLA), the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after so notifying the employee.


GW Human Resources & Business Services

For more great tools, tips, guidance and training, visit www.GWHumanResources.com

Disclaimer: Upon purchasing our product you are understanding, acknowledging and agreeing with this disclaimer. This information is provided for general informational purposes only. GW Human Resources and Business Services makes no warranties, express, implied or statutory, as to the adequacy, timelines, completeness or accuracy of the information provided. The provided information does not constitute advice and does not bind us in any way to a business-client relationship. Laws are numerous. The amount of regulations is rising. Statements concerning legal matters should be understood to be general observations and should not be relied upon as legal advice, which we are not authorized to provide. Consult legal counsel to make sure that you are fully compliant.


f.u.n. slides family and medical leave act (fmla)

Recruiting & HR