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Presented by:. 2  Federal FMLA (USDOL) – Covers employers with 50 or more employees, private and parochial schools and municipalities.

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Presentation on theme: "Presented by:. 2  Federal FMLA (USDOL) – Covers employers with 50 or more employees, private and parochial schools and municipalities."— Presentation transcript:

1 Presented by:

2 2  Federal FMLA (USDOL) – Covers employers with 50 or more employees, private and parochial schools and municipalities

3 3  The Employee must have:  Worked for the employer for at least 12 months prior to commencing FMLA leave  Worked at least 1,250 hours in the 12 months immediately preceding the FMLA leave

4 4  12 weeks every 12 months  Job protected (return to same or an equivalent)

5 5  Parent - a biological, foster, adoptive or stepparent, or legal guardian of an eligible employee, or an individual who stood in loco parentis to an employee when the employee was a son or daughter.

6 6  Son or daughter - a biological, adopted, foster child, stepchild, legal ward, or child of a person standing in loco parentis, who is:  (A) under eighteen years of age; or  (B) eighteen years of age or older and incapable of self- care because of a mental or physical disability

7 7  Incapable of self-care - requires active assistance or supervision to provide daily self-care in several of the “activities of daily living” or “instrumental activities of daily living”

8 8  Spouse - husband or wife

9 9  An illness, injury, impairment, or physical or mental condition which involves  Inpatient care and treatment therefore or recovery there from

10 10  Continuing treatment by a health care provider with incapacity of more than 3 consecutive calendar days and two or more treatments by a health care provider or one treatment by a health care provider with a regiment of continuing treatment regiment of continuing treatment includes prescription medication or physical therapy

11 11  Any period of incapacity because of pregnancy or prenatal care  A doctor’s visit at the time of each absence is not required

12 12  Chronic condition  Any period of incapacity due to a chronic condition which: Requires periodic visit for treatment (at least 2 times per year) Continues over an extended period of time May cause episodic rather than continuous incapacity A doctor’s visit at the time of each absence is not required Ex. Asthma, Migraines

13 13  Any period of incapacity for restorative surgery or for conditions that if left untreated would result in incapacity of more than three consecutive calendar days  Chemotherapy or radiation for cancer  dialysis for kidney disease

14 14  Any period of incapacity for a permanent or long term condition under the continuing supervision of a health care provider  Alzheimer’s, stroke

15 15  The birth of a child and the care for such child within the first year after birth;  The placement of a child with the employee for adoption or foster care and the care for the newly placed child;  To care for a spouse, son, daughter or parent with a serious health condition  Because of the employee’s own serious health condition

16 16  Encompasses both physical and psychological care  Includes situations where the employee may be needed to fill in for others who are caring for the family member, or to make arrangements for changes in care

17 17  When the need for leave is foreseeable  Typically 30 day advance request  When the need for leave is not foreseeable  Notify employer as soon as practicable

18 18  Notification of FMLA rights  Prompt determination of eligibility  Prompt designation or denial of requested leave  Request need not mention FMLA but employee must give sufficient information so that the employer is aware that absence might be FMLA qualifying

19 19  If the employee is calling in absent, he or she must give adequate information to indicate that the illness may be FMLA qualifying.  “I am sick” is not sufficient  When employee calls in absent due to an already approved leave, employee must notify employer that the leave is due to previously qualifying FMLA reason

20 20  Fundamental right to know that a serious health condition exists, as determined by a health care provider  Right to make inquiries of the employee- when will you start leave? How long will you be gone? When will you return?  Certificate of fitness-for-duty if uniformly- applied policy

21 21  Employer may request certification of the serious health condition by a health care provider  Employee must be given at least 15 days after receipt of the form from the employer to return the medical certification

22 22 Cure If employer finds certification incomplete or insufficient:  The employer must give employee 7 days to cure an incomplete or insufficient certification  Incomplete – one or more of the applicable entries have not been completed  Insufficient – the certification is complete, but the information is vague, ambiguous or non-responsive

23 23  If employer questions certification -  May have employer’s representative contact employee’s HCP with employee’s permission  Second opinion may be required at employer’s expense (may not be HCP in regular employ of employer)  Neutral 3rd-party HCP may be used at employer expense (binding opinion)

24 24  An employer may ask an employee to provide recertification on a reasonable basis  An employer may require recertification more than once during a 30-day period if circumstances have changed significantly or the employer receives information that places doubt upon the reason for the absence  An employer may not require a second or third opinion on recertification

25 25 The employer has the right to request recertification if the employee has a pattern of taking Mondays and Fridays off

26 26 1.Medical Certification 2.Cure/Clarification 3.Second opinion 4.Third binding opinion 5.Recertification - every 30 days 6.Clarification on recertification but no second or third opinion

27 27  Employer can require employee to provide a “fitness-for-duty” certification upon return from continuous absence due to employee’s own serious health condition  Employers may seek a detailed fitness-for-duty certification addressing whether the employee can perform essential functions

28 28  Employer may require “fitness for duty” note every 30 days for employee on intermittent leave in conjunction with an absence  Must be “reasonable safety concerns” regarding employee’s ability to perform job

29 29  Employer cannot count the time the employee works “light duty” against the employee’s FMLA leave entitlement

30 30  Records and documents relating to medical information created for the FMLA shall be maintained as separate, confidential medical records  Supervisors may be informed regarding restrictions on the work and duties of the employee

31 31  FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances.  When medically necessary for planned and/or unanticipated medical treatment or for recovery from treatment or recovery from a serious health condition or for the care and comfort of a family member or for absences where employee or family member is incapacitated

32 32  An employer may limit leave increments to the shortest period of time that the employer’s payroll system uses to account for absences or use of leave  An employee may not be required to take more FMLA leave than necessary

33 33  Employee must be returned to the same job or to an equivalent position after leave  An employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period  An employer may not count FMLA leave under “no fault” attendance policies

34 34  Employer may not discriminate against employee for requesting or taking FMLA leave  May not base any actions against the employee on leave which was, or should have been classified as FMLA-qualifying  May not include any FMLA qualifying absences on performance appraisals

35  James Pierce  Occupational Safety & Health Manager 

36 36 Purpose: “…. to assure so far as possible every working man and women in the Nation safe and healthful working conditions….”

37 37

38 38  24 Staff  5 Compliance Officers  3 Public Sector Consultants  6 Private Sector Consultants  1 Construction Consultant  2 Training Specialists  1 Director  1 Safety Supervisor  1 Health Supervisor  1 Clinics Staff  2 Support Staff  1 Research Analyst

39 39  Compliance Coverage  Since 1978 Public Sector only  169 Cities/Towns  Elementary/High Schools  Police, Career/Volunteer Fire Departments  State of Connecticut – DOC, DOT, DEP, DMR BOE, Technical Colleges, etc….  Consultation Coverage  Public Sector  Private Sector

40 40  Complaints  Imminent Danger  Referrals – Public, Police, Feds, Media, anyone…  Accidents  Programmed Inspections  Catastrophes and Fatalities  Report Within 8 Hours

41 41

42 42  Free/Confidential (Compliance separate)  Save money over private consultants – sampling, analysis  No monetary penalties  No citations  Serious hazards are eliminated  Prevent Occupational Injuries and Illnesses  Identify and eliminate existing or potential workplace hazards – Engineering controls, PPE  Safety & Health Program Development  Personal Exposure Monitoring  Education & Training  Written Report – Serious Items

43 43  Consultation Coverage  Public Sector  169 Cities/Towns  Town Halls, Public Works, P & R  Elementary/High Schools  Police, Career/Volunteer Fire Departments  State of Connecticut – DOC, DOT, DEP, DDS, BOE, Technical Colleges, etc….  MDC, Housing Authority

44 44 Public Sector Health: Brian Testut Marigrace Riley Safety: Jeffrey Saltus

45 45

46 46  Bloodborne Pathogens  Hazard Communication  Confined Spaces  LO/TO  Respirator Program  PPE Hazard Assessments

47 47  Competent Person  Fit Testing Requirements  Action Levels  PELS  PRCS Entry – Alternate Procedures  Qualified Person

48 48  Personal Protective Equipment  Machine Guarding  Electrical Safety  Ergonomics  Tuberculosis  Hazard Communication  Asbestos/Lead  Bloodborne Pathogens  Respiratory Protection  Confined Spaces  Lockout/Tagout  Emergency Plans/Procedures  IAQ’s

49 49  Great way to avoid a complaint  Keeps OSHA out for a year  You’re in total control

50 50  Issue citations or propose penalties  Approve equipment (ladders, hardhats etc..)  Guarantee that your workplace will pass an OSHA inspection  Prescribe specific engineering designs  Recommend specific firms to solve problems  Report possible violations to OSHA enforcement (unless failure to comply)

51 51  Phone, , fax, mail  Consultant will be assigned  Contact you to set date/time  Limited vs Comprehensive  Safety or Health  Employer, not employees can request a consultation

52 52  Scope of visit  Only serious violations  Relevant Paperwork – OSHA 300, number of employees, etc…  OSHA 300 Logs of Occupational Injuries and Illnesses  Post summary page from February 1 to April 30  OSHA Poster

53 53  Programs  Equipment/physical plant  Processes  PPE  Employee Interviews

54 54  The consultant will meet with the employer and discuss:  Current unsafe conditions  Possible solutions  Abatement dates  Rights & responsibilities  Q & A  Report sent by mail

55 55  Locations Surveyed  Specific Standards  Identified Hazards  Abatement Dates  Sampling Analysis Results (if applicable)  Recommendations

56


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