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

ADVANCED

STEWARD

TRAINING 2014

Presented by:

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FEDERAL FMLA

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

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FEDERAL FMLA BASIC EMPLOYEE ELIGIBILITY

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

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FEDERAL FMLA BASIC PROVISIONS

12 weeks every 12 months Job protected (return to same or an

equivalent)

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DEFINITIONS

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.

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DEFINITIONS

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

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DEFINITIONS

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”

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DEFINITIONS

Spouse - husband or wife

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SERIOUS HEALTH CONDITIONS

An illness, injury, impairment, or physical or mental condition which involves

Inpatient care and treatment therefore or recovery there from

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SERIOUS HEALTH CONDITION

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

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SERIOUS HEALTH CONDITION

Any period of incapacity because of pregnancy or prenatal care

A doctor’s visit at the time of each absence is not required

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SERIOUS HEALTH CONDITION 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

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SERIOUS HEALTH CONDITION

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

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SERIOUS HEALTH CONDITION

Any period of incapacity for a permanent or long term condition under the continuing supervision of a health care providerAlzheimer’s, stroke

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WHAT TRIGGERS THE FMLA?

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

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WHAT DOES IT MEAN “TO CARE FOR” A FAMILY MEMBER?

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

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INITIATING THE LEAVE

When the need for leave is foreseeableTypically 30 day advance request

When the need for leave is not foreseeableNotify employer as soon as practicable

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EMPLOYEE RIGHTS

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

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EMPLOYEE NOTICE 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

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EMPLOYER RIGHTS

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

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MEDICAL CERTIFICATION

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

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MEDICAL CERTIFICATION

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

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MEDICAL CERTIFICATION

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)

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RECERTIFICATION 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

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RECERTIFICATION

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

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SUMMARY OF MEDICAL CERTIFICATION PROCESS

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

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FITNESS-FOR-DUTY CERTIFICATION

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

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FITNESS-FOR-DUTY CERTIFICATION

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

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LIGHT DUTY

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

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CONFIDENTIALITY OF HEALTH RECORDS

Records and documents relating to medical information created for the FMLA shall be maintained as separate, confidential medical recordsSupervisors may be informed regarding

restrictions on the work and duties of the employee

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INTERMITTENT LEAVE

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

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INTERMITTENT LEAVE

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 leaveAn employee may not be required to take more

FMLA leave than necessary

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PROHIBITED ACTS 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

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PROHIBITED ACTS

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

CONNECTICUT DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (CONN-OSHA)

James Pierce - 860-263-6922 Occupational Safety & Health Manager

http://www.ctdol.state.ct.us/osha/osha.htm

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OSH ACT OF 1970

Purpose:

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

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CONN-OSHA 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

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CONN-OSHA Compliance Coverage

Since 1978 Public Sector only169 Cities/Towns Elementary/High SchoolsPolice, Career/Volunteer Fire DepartmentsState of Connecticut – DOC, DOT, DEP,

DMR BOE, Technical Colleges, etc…. Consultation Coverage

Public SectorPrivate Sector

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REASONS FOR A COMPLIANCE VISIT

Complaints Imminent Danger Referrals – Public, Police, Feds, Media,

anyone… Accidents Programmed Inspections Catastrophes and Fatalities

Report Within 8 Hours

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CONSULTATION PROGRAM

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

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PUBLIC SECTOR CONSULTATION Consultation Coverage

Public Sector169 Cities/Towns Town Halls, Public Works, P & RElementary/High Schools Police, Career/Volunteer Fire DepartmentsState of Connecticut – DOC, DOT, DEP,

DDS, BOE, Technical Colleges, etc….MDC, Housing Authority

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CONN-OSHA CONSULTATION PROGRAM

Public Sector

Health: Brian Testut 860-263-6901Marigrace Riley 860-263-6915

Safety:Jeffrey Saltus 860-263-6926

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ASSIST IN ESTABLISHING SAFETY AND HEALTH PROGRAMS

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

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INTERPRET OSHA STANDARDS/TERMS

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

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CONSULTANTS CAN COVER A VARIETY OF TOPICS INCLUDING, BUT NOT LIMITED TO:

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

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ADDITIONAL BENEFITS

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

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CONSULTANTS WILL NOT…. 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)

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GETTING STARTED REQUESTS FOR ASSISTANCE Phone, email, 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

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OPENING CONFERENCE 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

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WALK AROUND

Programs Equipment/physical plant Processes PPE Employee Interviews

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CLOSING CONFERENCE The consultant will meet with the

employer and discuss: Current unsafe conditions Possible solutions Abatement dates Rights & responsibilities Q & A Report sent by mail

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FOLLOWING THE VISIT, THE CONSULTANT WILL PREPARE A WRITTEN REPORT WHICH WILL INCLUDE:

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

Recommendations