Presentation on theme: "Family Medical Leave Act"— Presentation transcript:
1 Family Medical Leave Act Municipality of AnchorageEmployee Relations-BenefitsWelcome to Family Leave PresentationYou may ask questions, may not be able to answerCareful not to give confidential information when asking
2 Session Objectives Overview of Family Leave Laws Employee’s Role Supervisor’s RoleLeave Administrator’s RoleFMLA PacketWorkers Comp-FMLA-ADAReview session objectives
3 Entitlements 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.A brief description of the entitlements forThe federal act - medical/parental combinedThe state act - separate for medical and parentalWhen an employee is eligible under both Acts, the entitlements run concurrently
4 Who is an Eligible Employee? All employees who meet the employment thresholds. (including executive, seasonal, part-time etc)For FMLA:employed by the MOA for at least 12 months; andworked at least 1,250 hrs over the past 12 months.For AFLA:employed by the MOA for at least 6 monthspaid or approved LWP status for 910 hours35 hrs/wk for at least 6 consecutive months17.5 hrs/wk for at least 12 consecutive monthsThese are the employment thresholds for both actsFMLA - actual hrs workedAFLA - employed
5 Reasons for Taking Family Leave For a serious health condition that makes the employee unable to perform their jobTo care for an employee’s family member who has a serious health conditionTo care for an employee’s child after birth, placement for adoption, or foster care (FMLA only)An employee can take leave for their own serious health condition or to care for a family memberor for the birth, adoption of a childFMLA includes foster care
6 Who are Family Members? Spouse Child Parent Legally married AFLA - Same sex domestic partnersChildbiological, 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”.ParentFMLA - biological or individual who stands or stood “in loco parentis”.AFLA - biological, adoptive, parent-in-law or step-parent.Family member are spouse, child, parentFMLA includes “in loco parentis”AFLA includes parent-in-law or step-parent
7 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 stayAbsence Plus Continuing TreatmentPregnancy/Prenatal Care (including pregnancy complications, delivery and recovery)Chronic Conditions Requiring TreatmentsPermanent/Long-term Conditions Requiring SupervisionMultiple Treatments (Non-chronic Conditions)These are the categories of serious health conditionsSupervisors should be aware of these
8 Determining a Serious Health Condition May Be Qualifyingappendicitisemphysemaheart attackstrokecancerProbably Not Qualifyingcommon coldear infectionfluminor ulcersallergiesExamples of what may qualify and what probably wouldn’t qualifyNOTE: complications that require ongoing treatment or hospitalization could become qualifying, e.g. common cold turns to pneumoniaNOT COVERED under Family LeaveDeath of a family memberSubstance abuse use (treatment may qualify)The Leave Administrator will make the final determination of a serious health condition
9 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.These are some definitions for some of the terms used in discussing family leave
10 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.
11 Leave CareSon, daughter, spouse, parent, or next of kin of a covered service memberUp to 26 weeks of unpaid leave in a single 12 month period
12 DefinitionsCovered 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.
13 Review & Compare This chart compares some basic components of the Acts EligibilityLength of Absence and Frequencywho medical leave can be taken forwhat events parental leave can be taken for
14 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.
15 Concurrent Events Under FMLA & AFLA Parental, birth, adoptionEmployee’s serious health conditionEmployee’s family members serious health conditionSpouseChild under 18 or disabled older childParent or loco parentis
16 Non-concurrent Events Under FMLA & AFLA Placement of foster ChildNot counted towards 18 week entitlementNot counted towards 12 week entitlementSame sex domestic partnersStep-parent or parent-in-lawMilitary Caregiver leave for “next of kin”
17 Leave UsageAccrued leave must be exhausted before leave-without-pay is taken.Other than banked leave hours & 80 hours retained NCSCurrently, banked hours may be used at employees discretionDonated leave requests should be submitted to Director of Records & Benefits ~catastrophic eventsnot for maternity or Parental leavePaternity leave must be taken within 12 mths of birthPaternity leave must be taken in one continuous time-not intermittent or reduced work scheduleFamily leave is not a separate leave accountEmployees use their leaveSome may retain 5 days for use on return
18 What does Family Leave do for an Employee? Allows time off for family medical reasonsJob protection during the absenceContinues health care coverageFMLA 12 weeksProtects employment benefits that accrued prior to the absenceHealth insurance is continued during FMLA, regardless if in pay status, as long as employee portion of premium is paid.Under AFLA, health insurance is continued as long as an employee is in paid status and employee portion of premium is paid.
19 Employee Responsibilities Provide 30 days notice when possibleDisclose a qualifying reason.Submit a completed Request for FMLA form to or fax toNotification may be received from Supervisor if employee is unavailableProvide a completed Certification of Health Care provider formMake arrangements if in leave without pay for benefit co-pays prior to returning to work atProvide certificationProvide updatesMay need to provide a fit-for-duty to return
20 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 RTWProvide a physician’s statement of treatment for intermittent leavePre-arrange schedule with supervisorSubmit written request to bank leave hoursAMEA up to 80 hoursAll other except IBEW employees up to 40 hours
21 Certification of Health Care Provider (CHCP) The MOA requires a completed Certification of Health Care Provider form to document a serious health conditionEmployeeFamily memberThe Certification of Health Care Provider is completed by the employee’s Health Care ProviderThe employee has 15 days to submit it to Technical Services for reviewParental Leave only requires the one page CHCP
22 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 theInform the Leave AdministratorFax Request toPopulate the Kronos Time card if leave is intermittentSupervisor needs toInquireInvokeInform
23 Leave Administrator’s Role Confirm eligibilityMake final determinationRequest clarification of CHCPSend Designation NoticeNotify supervisor and payroll specialistInitiate event and Case ManagementProvide communication to supervisor and payroll specialist on return to work status or extension of time
24 Communication is the Key Notify the Leave Administrator if there are:changes in the condition and/or expected absences, orother issues/concerns in conjunction with family leaveThe Leave Administrator informs the Supervisor:if an employee qualifies for family leave,When entitlements are deniedof expected absences and the duration, andwhen entitlements will expire/exhaust
25 Record KeepingEmployee 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.
26 Bermuda Triangle Be Aware & Start a Dialog Workers Compensation FMLA or AFLAADA Reasonable AccommodationsAdditional resources if you are interestedBe Aware & Start a DialogPresented By Herb Wilden
27 Resources Family & Medical Leave Act - 29 CFR 825 Alaska Family Leave Act - ASLeave Administrator –Bonnie Scarborough