1. Leave Administration Services
P R O P R I E T A R Y A N D C O N F I D E N T I A L +

2. Agenda What is FMLA? Review the Leave of Absence Process
When to Refer an Employee to York
Protected Health Information
Questions

3. L E A V E O F A B S E N C E
What is FMLA?
The Family Medical Leave Act, also known as FMLA, is a federal law allowing eligible employees to take unpaid leave that protects their job and benefits for up to a total of 12 work weeks in a 12 months period for:
Birth of child
Adoption and/or foster care
Care of a spouse, child or parent with a serious health condition
An employee’s own serious health condition
Care of a spouse, child, parent or next of kin with a serious injury or illness incurred or exacerbated within 5 years of active duty in the Armed Forces (up to 26 weeks)
Qualifying exigency due to a spouse, child or parent on active or reserve duty in the Armed Forces being deployed to a foreign country

4. FMLA Eligibility Requirements
L E A V E O F A B S E N C E
FMLA Eligibility Requirements
Employed for 12 months – does not have to be consecutive time
1,250 actual hours worked in the 12-month period preceding the date of the requested leave
Employed at a worksite where 50 or more employees are employed within 75 miles of that worksite
Available FMLA hours
Qualifying condition certified by a healthcare provider or meeting the military family leave eligibility

5. What is a Serious Health Condition?
L E A V E O F A B S E N C E
What is a Serious Health Condition?
A medical condition that renders an employee unable to perform the essential functions of his or her job, such as:
Incapacity of more than three days with treatment
Incapacity is defined as an inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore or recovery therefrom. ( (b))
Inpatient hospital care
Pregnancy
Chronic conditions requiring treatment (e.g., asthma, diabetes, epilepsy, etc.)
Permanent or long term conditions (e.g., Alzheimer’s , severe stroke, terminal states of a disease, etc.)
Multiple treatments (e.g., dialysis, chemotherapy, physical therapy, etc.)

6. FMLA 12-Month Calculation
L E A V E O F A B S E N C E
FMLA 12-Month Calculation
Butler University is currently using the 12 Month Rolling Back Calculation method
York will add the employee’s FMLA usage over the 12 months preceding the requested date of leave and will subtract that amount from the initial 12-week FMLA bank to determine the employee’s available FMLA time

7. L E A V E O F A B S E N C E
Types of FMLA leave
An eligible employee is entitled to up to 12 work weeks of leave under FMLA in a 12-month period for a qualifying reason. Leave under FMLA may be taken in the following ways:
Continuous leave: a block of days taken continuously. (eg. Surgery or birth of a baby)
Intermittent leave: hours or days taken in separate blocks of time due to a single qualifying reason. (eg. Physical Therapy one time per week for 6 weeks)
Reduced schedule: the employee works a reduced number of hours per work week or per day. (eg. Released to return to work for only 6 hours per day)

8. How will the Process Work?
L E A V E O F A B S E N C E
How will the Process Work?
For New Leave Cases:
Employees will continue to report absences following their normal reporting procedures
The employee will then call York to report an absence / file a new claim that may qualify for leave
York will verify FMLA and any applicable State Leave, send applicable paperwork, review medical certification, designate the FMLA / State Leave and notify the HR Representative
York will send an notification to the HR Representative each time work is missed for a claim
For intermittent leaves, employees must report their absence to their employer and call York to report every intermittent absence as indicated per policy

9. Employee’s Responsibilities
L E A V E O F A B S E N C E
Employee’s Responsibilities
Report FMLA absences to their supervisor / manager
For new FMLA claims, notify supervisor or HR Department. If unreachable, call York to report an absence after missing 3+ days for an FMLA qualifying reason
For FMLA, an employee must provide 30 days advance notice, unless the leave is unforeseeable. In this case, notice must be provided as soon as practical. At all times, employees must follow the employer’s call-in procedures
For FMLA leave taken on an intermittent basis, employees must attempt to schedule leave so that employer’s operations are not disrupted
Provide medical certification from their healthcare provider to York within required time frame
Per the employer’s policy, employees must continue to follow call-in procedures for reporting absences and remain in contact with the employer during the period of leave

10. Manager’s Responsibilities
L E A V E O F A B S E N C E
Manager’s Responsibilities
Refer employees to York if they are absent for any of the below reasons
Absence of more than three (3) days for a medical reason and/or family care
Absences that appear to relate to chronic conditions or multiple absences for the same reason and/or condition
Multiple doctor visits and/or treatments
Absence related to a previously protected medical related issue
Anything you suspect that may be a qualifying reason for leave
Establish, communicate and enforce the department’s policies and procedures consistently between FMLA and non-FMLA absences
Ensure employees on approved FMLA leave do not resume any work activities until York receives a Return to Work (RTW) Medical Release
RTW releases may be obtained for a continuous FMLA absence

11. What to Expect from York
L E A V E O F A B S E N C E
What to Expect from York
Designated specialist will handle leave requests, gather required documents and communicate with the employee their manager and HR Department throughout the leave duration
York will verify the employee’s eligibility for FMLA and any applicable state leave laws
Medical certifications will be reviewed by an Absence Specialist to ensure consistency and accuracy of requests. The Absence Specialist will contact the healthcare provider if there is a medical release on file and there are questions or if more information is needed
York will report leave hours to the Manager and HR Department and notify them of any approved leaves and any need-to-know changes in leave status

12. Example of an Email Notification
L E A V E O F A B S E N C E
Example of an Notification

13. L E A V E O F A B S E N C E
Employee Portal
Our Employee Portal provides a convenient and secure site for employees to view leave and absence information.
You can visit or call our customer service team to create your secure account
Real time claim status
View all documentation
Displays hours available for your leaves
Interactive messaging with representative
FAQ support
Intermittent time reporting
Report new FMLA claim

14. Additional helpful materials
L E A V E O F A B S E N C E
Additional helpful materials

15. Protected Health Information (PHI)
L E A V E O F A B S E N C E
Protected Health Information (PHI)
An employee’s PHI is protected information by HIPAA and should not be discussed in the workplace
A supervisor / manager may need to discuss an employee’s leave with him/her, however, may only ask questions relating to the workplace:
Okay to ask….
How long do you expect to be absent?
Will your absence require intermittent time away from work or a continuous time period?
Have you contacted Human Resources?

16. Protected Health Information
L E A V E O F A B S E N C E
Protected Health Information
The supervisor / manager should not ask any questions related to the medical diagnosis of the employee or his/her family member:
Do not ask:
What condition do you or your family member have?
What have you been diagnosed with?
What are you or your family member seeing the doctor for?
If the employee does share their information with you, please do not share it with anyone else, as this information should be kept confidential due to HIPAA

17. Questions? Please contact York at 1.888.436.9530
with any questions or concerns regarding FMLA. Please note that all calls are recorded for quality assurance.

18. Thank You