Managing Employee Leave: FMLA, Worker’s Comp, STD Kimberly A. Nash, SPHR Director of Human Resource Services Larry Rappoport, Esq. Stevens & Lee October 2006

Family Medical Leave Act Applies to employers with 50 or more employees within a 75 mile radius Employee must have worked 1250 hours during the past 12 months Employee’s serious medical condition Employee’s immediate family medical condition Birth of child or adoption

Family Medical Leave Act Job Restoration Health Insurance continuation Run FMLA concurrent with Worker’s Comp and Short-Term Disability Clear communication before and during leave Employee does not have to request FMLA for leave to be protected

Non-FMLA Leaves Employer is not required to comply Employee does not meet the service requirements Employee’s request for leave is for personal reasons/non-medical Employee has exhausted FMLA and requests additional leave

Creating a Non-FMLA Leave Policy Types of Leave Length of Time Request Procedure Approval Process Benefits during Leave The Use of PTO Benefits Job Protection Reporting Process during Leave Unemployment (not eligible if job is available)