1. Family Medical Leave Act (FMLA)
Fall 2013 In-service
Kim Rogers, PHR

2. Introduction

3. Agenda Define FMLA Eligibility Qualifying events
“Serious” health condition
Family members
Process steps
Not optional
Your role

4. FMLA
The Family Medical Leave Act is a law that was passed in 1993 to provide job protection for employees needing time off work for the birth or adoption of a child or for a serious health condition affecting themselves or a family member. This law provides unpaid job and benefit protection for up to 12 weeks.

5. Eligibility
Eligibility – To be eligible for Family Medical Leave an employee must have worked for the employer for at least 12 months and have completed at least 1,250 hours of service during the previous 12 months.
Not all full-time employees are eligible
Not all part-time employees are ineligible

6. Qualifying Events
To recuperate or seek treatment for a personal serious health condition
To provide care for a spouse, child or parent with a serious health condition
For the birth of a child, adoption of a child, or placement of a foster child (allows time for care and bonding)
To provide care for a serious illness or injury of an active duty service member

7. Serious Health Conditions
The FMLA law defines “serious health condition” as:
Permanent or long-term conditions
Alzheimer’s or terminal conditions such as cancer
Conditions requiring multiple treatments or recovery from treatments
Cancer or kidney disease
Complications arising from pregnancy or birth
Severe morning sickness or preeclampsia

8. Serious Health Conditions - continued
4. Chronic conditions that require periodic visits to a health care provider, continue over a period of time and have symptoms that occur on more of an episodic basis rather than a continuing period of incapacity
Diabetes, asthma, Crohn’s disease or migraine headaches
Conditions requiring continuing treatment by a health care provider that results in inability to work for 3 or more calendar days. Need to either have 2 visits to a health care provider within 30 days or 1 visit to a health care provider and be prescribed a prescription or given a treatment plan.
Pneumonia, infection, broken bones or other injuries
Treatment for alcohol or substance abuse

9. Serious Health Conditions - exceptions
There are a few conditions that are specifically excluded from Family Medical Leave such as:
Cosmetic treatments
Common cold
Minor upset stomach
Headaches (unless considered migraine)
Dental work

10. Family Members
Family Medical Leave allows for unpaid time away from work to care for:
Spouse
Children under the age of 18 unless the child is un-capable of self care (biological, step, adopted, foster)
Parent extended to adoptive parents (not in-laws)
Active service members that are spouse, children, parent or next of kin

11. Process Steps

12. Process Steps
Request or notification

13. Process Steps
Request or notification
Calculation of eligibility

14. Process Steps Request or notification Calculation of eligibility
Request of certification where applicable

15. Process Steps Request or notification Calculation of eligibility
Request of certification where applicable
Notice of designation and pay status

16. Process Steps Request or notification Calculation of eligibility
Request of certification where applicable
Notice of designation and pay status
Return to work authorization

17. It’s Not Optional
A law is a law! No opportunity for explanations.

18. What I need from you as an employee or as a supervisor is:
YOUR Role
What I need from you as an employee or as a supervisor is:

19. What I need from you as an employee or as a supervisor is:
YOUR Role
What I need from you as an employee or as a supervisor is:
Communication and cooperation

20. What I need from you as an employee or as a supervisor is:
YOUR Role
What I need from you as an employee or as a supervisor is:
Communication and cooperation
Accountability

21. What I need from you as an employee or as a supervisor is:
YOUR Role
What I need from you as an employee or as a supervisor is:
Communication and cooperation
Accountability
Equal treatment for all employees

22. What I need from you as an employee or as a supervisor is:
YOUR Role
What I need from you as an employee or as a supervisor is:
Communication and cooperation
Accountability
Equal treatment for all employees
Follow the rules

23. Thank you!