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Family Medical Leave Act

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Presentation on theme: "Family Medical Leave Act"— Presentation transcript:

1 Family Medical Leave Act
Municipality of Anchorage Employee Relations-Benefits Welcome to Family Leave Presentation You may ask questions, may not be able to answer Careful not to give confidential information when asking

2 Session Objectives Overview of Family Leave Laws Employee’s Role
Supervisor’s Role Leave Administrator’s Role FMLA Packet Workers Comp-FMLA-ADA Review 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. 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. A brief description of the entitlements for The federal act - medical/parental combined The state act - separate for medical and parental When 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; and worked at least 1,250 hrs over the past 12 months. 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 These are the employment thresholds for both acts FMLA - actual hrs worked AFLA - employed

5 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) An employee can take leave for their own serious health condition or to care for a family member or for the birth, adoption of a child FMLA includes foster care

6 Who are Family Members? Spouse Child Parent 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. Family member are spouse, child, parent FMLA 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 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) These are the categories of serious health conditions Supervisors should be aware of these

8 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 Examples of what may qualify and what probably wouldn’t qualify NOTE: complications that require ongoing treatment or hospitalization could become qualifying, e.g. common cold turns to pneumonia NOT COVERED under Family Leave Death of a family member Substance 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 Care Son, daughter, spouse, parent, or next of kin of a covered service member Up to 26 weeks of unpaid leave in a single 12 month period

12 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.

13 Review & Compare This chart compares some basic components of the Acts
Eligibility Length of Absence and Frequency who medical leave can be taken for what 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, 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

16 Non-concurrent Events Under FMLA & AFLA
Placement of foster Child Not counted towards 18 week entitlement Not counted towards 12 week entitlement Same sex domestic partners Step-parent or parent-in-law Military Caregiver leave for “next of kin”

17 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 Family leave is not a separate leave account Employees use their leave Some may retain 5 days for use on return

18 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 Health 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 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 Provide certification Provide updates May 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 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

21 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 The Certification of Health Care Provider is completed by the employee’s Health Care Provider The employee has 15 days to submit it to Technical Services for review Parental 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 the Inform the Leave Administrator Fax Request to Populate the Kronos Time card if leave is intermittent Supervisor needs to Inquire Invoke Inform

23 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

24 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

25 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.

26 Bermuda Triangle Be Aware & Start a Dialog Workers Compensation
FMLA or AFLA ADA Reasonable Accommodations Additional resources if you are interested Be Aware & Start a Dialog Presented By Herb Wilden

27 Resources Family & Medical Leave Act - 29 CFR 825
Alaska Family Leave Act - AS Leave Administrator – Bonnie Scarborough

28 CONTACTS • MOA Health Benefits Fax: 343-4454
• Employee Relations Authorizations Fax: • Leave Administrator Fax:

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