FMLA as Revised Training for Supervisors

©SHRM Introduction The Family and Medical Leave Act (FMLA) was passed in 1993 and revised effective January 16, Of all federal employment laws, FMLA is one of the most popular and beneficial to employees. Employees are aware of the basic requirements of the law, but they may not realize the law provides employers with various options on how to administer FMLA. It is essential for all supervisors, in addition to the HR staff, to understand how to comply with FMLA and with the employer’s own FMLA policy. Employers need to train new and retrain current supervisors on FMLA and the employer’s policy so that employees receive the full and correct benefit of the law. This sample presentation is intended for presentation to supervisors and other individuals who manage employees. It is designed to be presented by an individual who is knowledgeable in both FMLA and the employer’s own FMLA policy and practices. This is a sample presentation that must be customized to include and match the employer’s own policies and practices and the laws of the states in which it operates.

©SHRM Objectives At the close of this session, you will be able to: State what FMLA is. Cite basic provisions of the law and the company’s FMLA policy. Understand employer coverage and employee eligibility. Avoid actions prohibited by the law.

©SHRM What Is FMLA? Family and Medical Leave Act (FMLA) is the federal law passed in 1993 and revised in It requires employers to: Grant leave for family and medical circumstances, including leave for a qualifying exigency for families of members of the National Guard and Reserves when the covered military member is on active duty or called to active duty in support of a contingency operation and to care for a spouse, son, daughter, parent or next-of-kin covered servicemember with a serious illness or injury incurred in the line of duty on active duty. Reinstate the employee to the same or an equivalent position upon conclusion of the FMLA leave. Continue health benefits at the same level as prior to the start FMLA leave. Other benefits are governed by company policy.

©SHRM What Is FMLA? (cont’d) FMLA also allows states to have more comprehensive provisions. (Our policy is in compliance with the family and medical leave laws in all the states in which we operate.)

©SHRM Basic Provisions of FMLA & Our FMLA Policy Note: Some provisions of FMLA give employers options. The options that [Company Name] have elected are included in this presentation. Otherwis,e the provisions of FMLA and our state laws apply.

©SHRM Basic Provisions (cont’d) FMLA provides for up to 12 weeks of leave in a 12-month period as defined by the employer for the following circumstances: 1.Birth of a son or daughter and to care for the newborn child. This applies to both the mother and the father. The expectant mother may take FMLA leave for prenatal care or if the pregnancy makes her unable to work prior to the actual birth of the child. 2.Placement with the employee of a son or daughter for adoption or foster care. This leave must be given before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed.

©SHRM Basic Provisions (cont’d) Circumstances for FMLA Leave: 3. Care for the employee's spouse, son, daughter or parent with a serious health condition. 4. A serious health condition that makes the employee unable to perform the functions of his/her job. Note: These two circumstances cover illnesses of a serious and long-term nature, resulting in lengthy absences. Generally, a chronic or long-term health condition that would result in a period of three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of incapacity and a second visit within 30 days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits, such visits must take place at least twice a year.

©SHRM Basic Provisions (cont’d) Circumstances for FMLA Leave: 5. A qualifying exigency for families of members of the National Guard and Reserves when the covered military member is on active duty or called to active duty in support of a contingency operation. This leave may commence as soon as the individual receives the call-up notice. A qualifying exigency must be one of the following: 1) Short-notice deployment. 2) Military events and activities. 3) Child care and school activities. 4) Financial and legal arrangements. 5) Counseling. 6) Rest and recuperation. 7) Post-deployment activities. 8) Additional activities that arise out of active duty, provided that the company and the employee agree, including agreement on timing and duration of the leave.

©SHRM Basic Provisions (cont’d) FMLA provides for up to 26 weeks of leave in a single 12- month period for the following circumstance: 6. To care for a spouse, son, daughter, parent or next-of-kin covered servicemember with a serious illness or injury incurred in the line of duty on active duty. Next-of-kin is defined as the closest blood relative of the injured or recovering servicemember. This type of FMLA leave is also known as military caregiver leave or covered servicemember leave.

©SHRM Basic Provisions (cont’d) FMLA 12-month period: An employer is permitted to choose one of the following methods for determining the “12-month period'' in which the 12 weeks of leave entitlement occurs:  The calendar year.  Any fixed 12-month leave year, such as a fiscal year.  The 12-month period measured forward from the date any employee's first FMLA leave begins.  A rolling 12-month period measured backward from the date an employee uses any FMLA leave. [Company Name] uses the rolling 12-month period measured backward for the FMLA circumstances 1-5 above and uses the rolling 12-month period measured forward for the FMLA circumstance 6 (military caregiver leave) above.

©SHRM Basic Provisions (cont’d) When a husband and wife both work for the company and each wishes to take leave for the birth of a child, adoption or placement of a child for foster care, or to care for a parent (but not parent-in-law) with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. When a husband and wife both work for the company and each wishes to take leave to care for a covered ill or injured servicemember, the husband and wife may only take a combined total of 26 weeks of leave. FMLA leave may be taken intermittently or on a reduced leave schedule with the following exception: > When leave is taken after the birth or placement of a child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the employer agrees. [Company Name] agrees to this type of FMLA leave and our policy so states.

©SHRM Questions?Comments?

©SHRM Basic Provisions (cont’d) FMLA does NOT require paid leave. The law allows employers to require employees to use any paid leave that they may have as part of their FMLA leave. [Company Name] includes this requirement in its FMLA policy. In other words, when possible, we run FMLA leave concurrently with sick and vacation leave, workers’ compensation, and disability insurance. The law also allows employees to use their PTO during their FMLA leave if the use of the PTO would meet the normal requirements for use (i.e., if PTO policy allows PTO leave to be used by employee for children who are sick, the employee may also use this during FMLA to care for a sick child).

©SHRM Basic Provisions (cont’d) FMLA allows employers to require employees to submit certification of the need for FMLA leave. Our policy requires the types of certifications listed below. Human Resources provides the appropriate form to employees who may have a FMLA circumstance and handles all follow-up on medical certifications. Certification is required for the:  Employee’s serious health condition.  Family member’s serious health condition.  Qualifying exigency for military family leave.  Serious Injury or illness of covered servicemember for military family leave.

©SHRM Basic Provisions (cont’d) Employees requesting FMLA leave must provide verbal or written notice of the need to the HR manager. Within five business days after the employee has provided this notice, the HR manager will provide the employee with notice of eligibility and rights. When the need for leave is foreseeable, the employee must provide at least 30 days notice. When the employee becomes aware of the need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or next business day.

©SHRM Basic Provisions (cont’d) When the need is not foreseeable, the employee must comply with our company policy for requesting leave, absent unusual circumstances. Within five business days after the employee has submitted appropriate certification, the HR manager will complete and provide the employee with a written response to the employee request for FMLA leave.

©SHRM Questions?Comments?

©SHRM Employers Covered by FMLA Private and public employers that employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Note: FMLA may require us to grant FMLA leave to agency temporary employees. If you have a temporary employee requesting FMLA leave, contact Human Resources.

©SHRM Employees Eligible for FMLA Leave An eligible employee is an employee of a covered employer who: 1. Has been employed by the employer for at least 12 months * and 2. Has worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave, and 3. Is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite. * The 12 months of employment need not be consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement stating the company’s intention to rehire the employee after the service break.

©SHRM Questions?Comments?

©SHRM Employer Actions Prohibited by FMLA Making pre-hire inquiries regarding need for FMLA leave. Including periods of FMLA to disqualify employees for good attendance awards or non-performance bonuses. Asking employees for a doctor’s note for each use of intermittent FMLA leave. Contact the HR manager if you question an employee’s use of FMLA leave.

©SHRM Employer Actions Prohibited by FMLA (cont’d) Interfering with an employee’s rights under FMLA. Retaliating against employees who file FMLA complaints. > Note: FMLA uses the same definition of employer as the FLSA and includes any person acting directly or indirectly in the interest of an employer in relation to an employee. Consequently, managers and officers may be individually liable for any violations of the requirements of FMLA.

©SHRM Questions?Comments?

©SHRM Summary FMLA is the federal law that requires employers to grant leave for family and medical circumstances and to reinstate the employee in the same or an equivalent position upon conclusion of the leave.

©SHRM Summary (cont’d) The six FMLA circumstances are: 1.Birth of a son or daughter and to care for the newborn child. 2.Placement with the employee of a son or daughter for adoption or foster care. 3.Care of a spouse, son, daughter or parent with a serious health condition. 4.A serious health condition of the employee that makes him/her unable to work. 5.A qualifying exigency for families of members of the National Guard and Reserves when the covered military member is on active duty or called to active duty in support of a contingency operation. 6.Care of a spouse, son, daughter, parent or next-of-kin covered servicemember with a serious illness or injury incurred in the line of duty on active duty. Note: For circumstances 1-5 above the employee may use up to 12 weeks of FMLA leave in a 12-month period. For circumstance 6 above, the employee may use up to 26 weeks in a single 12-month period.

©SHRM Summary (cont’d) FMLA leave may be taken intermittently or on a reduced work schedule. FMLA leave at [Company Name] will be run concurrently with paid leave (sick, vacation), workers’ compensation and disability insurance whenever possible. FMLA leave at [Company Name] requires certification for the employee’s serious health condition, the family member’s serious health condition, a qualifying exigency for military family leave and for the serious injury or illness of the covered servicemember for military family leave.

©SHRM Summary (cont’d) Employees requesting FMLA leave must provide verbal or written notice of the need to the HR manager and appropriate notice, depending on whether the leave is foreseeable or not. The HR manager will provide the employee with notice of eligibility and rights along with a written response to the employee request for FMLA leave.

©SHRM Summary (cont’d) An employee is eligible for FMLA leave when he/she: Has been employed by us for at least 12 months and Has worked at least 1,250 hours during the 12 months preceding start of FMLA leave and Is employed at a worksite where 50 or more employees work within 75 miles of that worksite.

©SHRM Summary (cont’d) To avoid actions prohibited by FMLA, do not: Make pre-hire inquiries regarding the need for FMLA leave. Include periods of FMLA leave to exclude employees from good attendance awards or non-performance bonuses. Ask for doctors’ notes each time intermittent FMLA leave is used. Interfere with an employee’s FMLA rights or retaliate against employees who file FMLA complaints.

©SHRM Questions?Comments?

©SHRM Course Evaluation Please be sure to complete and leave the evaluation sheet you received with your handouts Thank you for your attention and interest!