Presentation on theme: "Family Medical Leave Act Municipality of Anchorage Employee Relations-Benefits."— Presentation transcript:
Family Medical Leave Act Municipality of Anchorage Employee 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. AND Serious 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 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.
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 FMLAAFLA Placement of foster ChildNot 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 ~ 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 or fax to Notification 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
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 Inform the Leave Administrator Fax Request to 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 Leave Administrator – Bonnie Scarborough