Copyright© 2010 WeComply, Inc. All rights reserved. 10/11/2015 Family and Medical Leave Act (FMLA)

Copyright© 2010 WeComply, Inc. All rights reserved.

04/19/23

Family and Medical Leave Act (FMLA)


04/19/23

Family and Medical Leave Act (FMLA)

Copyright© 2010 WeComply, Inc. All rights reserved.8/11/2010 3

Overview

FMLA was passed in 1993 and expanded in 2008 and 2009

It guarantees employees annual unpaid leave for —

•Medical reasons related to employee or a family member

•Birth, adoption or placement in foster care of a child

•Exigencies related to family member's active duty military service

•Caring for relative's injuries related to active-duty military service

Employers must maintain health coverage for employees on leave and restore job positions when leave concludes


Overview (cont’d)









Overview (cont’d)









Covered Employers

Employers who must comply with FMLA:

•Private employers with 50 or more employees during 20 or more workweeks in calendar year

•Most public employers

•Separate businesses may be considered single "employer" for FMLA purposes

• When organizations merge, employees have same FMLA rights as when employed by predecessor organizations


Covered Employers (cont’d)

Employers who must comply with FMLA:

•Private employers with 50 or more employees during 20 or more workweeks in calendar year

•Most public employers

•Separate businesses may be considered single "employer" for FMLA purposes

• When organizations merge, employees have same FMLA rights as when employed by predecessor organizations


Eligible Employees

Employees are eligible for FMLA leave if —

•They have worked for 12 months and 1,250 hours in the 12 months before leave and

•There are 50 or more workers within 75 miles of employer's site

Special rules added for airline flight crews

12-month period need not be continuous or consecutive

All time worked for employer is counted


Eligible Employees (cont’d)

Employees are eligible for FMLA leave if —

•They have worked for 12 months and 1,250 hours in the 12 months before leave and

•There are 50 or more workers within 75 miles of employer's site

Special rules added for airline flight crews

12-month period need not be continuous or consecutive

All time worked for employer is counted


Entitlement to Leave

Employees are entitled to 12 workweeks of leave in 12-month period for —

•Birth and care of a child, or placement and care of a child with employee by adoption or foster care

•Care of spouse, child or parent with serious health condition

•When employee is unable to work because of serious health condition

• A qualifying exigency due to covered active duty in Armed Forces

Spouse, son, daughter, parent or next-of-kin of a covered servicemember is entitled to 26 workweeks during 12-month period to care for servicemember


Entitlement to Leave (cont’d)








































Pop Quiz!

Justin has a sister who was seriously injured while on active duty in the U.S. National Guard. Can Justin claim FMLA leave to care for his sister while she recovers?

A. No, because FMLA leave only applies to spouses, parents and children — not siblings.

B. No, because his sister was in the National Guard — not in Reserves

C. Yes, for up to 26 workweeks of unpaid leave.

D. Yes, for up to 12 workweeks of unpaid leave.

E. Yes, for up to 12 workweeks of paid leave.


Spouses with the Same Employer

Spouses employed by same employer are limited to —

•Combined 12 weeks for the birth or placement of child, or to care for family member with serious medical condition

•Combined 26 weeks for either —

• Care of servicemember or

• Combination of caring for servicemember and birth or placement of child or caring for family member with serious medical condition

Limitations imposed on spouses for certain forms of leave apply to leave taken for that purpose


Paid Leave

FMLA does not require employers to provide paid leave, only unpaid leave

As for other forms of paid leave —

•Employers may require employees to use accrued paid leave to cover allowable FMLA leave

• Employees may request to use accrued paid vacation or personal leave for time they are on FMLA leave

• Paid leave used in this manner counts toward 12- or 26-week leave entitlement

To extent employer provides paid leave for male employees who are absent because of serious health condition, similar amount of paid leave must be provided to female employees for pregnancy or childbirth-related disabilities


Paid Leave (cont’d)

FMLA does not require employers to provide paid leave, only unpaid leave

As for other forms of paid leave —

•Employers may require employees to use accrued paid leave to cover allowable FMLA leave

• Employees may request to use accrued paid vacation or personal leave for time they are on FMLA leave

• Paid leave used in this manner counts toward 12- or 26-week leave entitlement

To extent employer provides paid leave for male employees who are absent because of serious health condition, similar amount of paid leave must be provided to female employees for pregnancy or childbirth-related disabilities


Intermittent Leave and Reduced Schedules

Employee has right to reduced schedule or intermittent leave —

•To care for seriously ill family member

•Because of employee's serious medical condition

•Because of qualifying exigency due to family member's active-duty military service

• To care for covered servicemember

Employees must make a "reasonable effort" to minimize disruption of business operations

Employer may transfer employee to appropriate alternative job


Intermittent Leave and Reduced Schedules (cont’d)

Employee has right to reduced schedule or intermittent leave —

•To care for seriously ill family member

•Because of employee's serious medical condition

•Because of qualifying exigency due to family member's active-duty military service

• To care for covered servicemember

Employees must make a "reasonable effort" to minimize disruption of business operations

Employer may transfer employee to appropriate alternative job


Serious Health Conditions

Employee may take FMLA leave only for serious health condition —

•For his or her own condition

•To care for child, parent or spouse with such condition

•To care for child, parent, spouse or next-of-kin who is covered servicemember

Care provided for family member can be psychological or physical in nature

Employers must be cautious before denying leave request because illness is not "serious" enough


Serious Health Conditions (cont’d)


•For his or her own condition








•For their own condition








•For their own condition






In the news…


Certification

Employer has right to request certification of claimed serious health condition or exigency related to military service

Employer may request from employee's healthcare provider —• Date condition began• Duration of condition• Relevant medical facts• Statement that employee is unable to perform his/her job

Employer can request certification in advance of date leave begins

If certification is not submitted, employer may designate leave as unexcused absence or other leave


Certification (cont’d)

Employer can request second or third opinion at its expense

Employer may seek clarification directly from employee's healthcare provider under certain circumstances

At the end of leave, employer may require employee to provide certification that condition no longer prevents the employee from doing his/her job

Employer may require employee to submit a fitness-for-duty certification before returning to work if employer has reasonable safety concerns


Certification (cont’d)

Employer can request second or third opinion at its expense

Employer may seek clarification directly from employee's healthcare provider under certain circumstances

At the end of leave, employer may require employee to provide certification that condition no longer prevents the employee from doing his/her job

Employer may require employee to submit a fitness-for-duty certification before returning to work if employer has reasonable safety concerns


Employer Notice Requirements

Employers must provide notice to employees of FMLA rights

If employee requests FMLA leave or employer realizes employee is eligible for leave, it must notify employee that —

•He/she is eligible for FMLA leave (or, if ineligible, give at least one reason why)

•He/she has rights/obligations, and consequences of not meeting obligations

• His/her absence is being designated as FMLA leave

Employer notices may need to be provided in other language(s)

Required certification forms must be included with notice


Employer Notice Requirements (cont’d)



•He/she is eligible for FMLA leave (or, if ineligible, at least one reason why)



• Employer notices may need to be provided in other language(s)

• Required certification forms must be included with notice


Employer Notice Requirements (cont’d)



•He/she is eligible for FMLA leave (or, if ineligible, at least one reason why)



• Employer notices may need to be provided in other language(s)

• Required certification forms must be included with notice


Employee Notice Requirements

Employees must provide information to determine if absence qualifies as FMLA leave

Other employee obligations:

•Employee must give at least 30 days' notice, except for family member's active duty or call to active duty

•If leave is required earlier than anticipated, employee must inform employer as soon as possible

• Employee must make reasonable effort not to disrupt the employer's operations

Employers may impose additional notice requirements on employees and delay/deny FMLA leave until employee complies


Pop Quiz!

Julie may need to take advantage of FMLA leave for two reasons: (1) to care for her father, Luke, who has been diagnosed with Alzheimer's disease, and (2) her husband Terrel may be called to active duty. Since she knows about both circumstances now, how much notice would she be required to give before taking any leave?

A.Thirty days for both cases.

B.Thirty days to care for Luke, but no notice is required in Terrel's case.

C.Fifteen days to care for Luke, but no notice is required in Terrel's case.

D.Thirty days to care for Luke, but notice that is "reasonable and practicable" in Terrel's case.


Continuing Benefits

Employees on FMLA leave continue to receive health benefits under same conditions of coverage

If employees pay premiums or co-payments, obligations continue while on leave

Changes to group health plan apply to employees who are on FMLA leave when changes take effect

Continuing coverage only required for 12-or 26-week leave entitlement

Certain benefits may not continue while employee is on FMLA leave•E.g., seniority, insurance


Pop Quiz!

If an employee receives the following benefits from his or her employer before taking FMLA leave, which of these benefits must continue during and after that leave:

A.Health insurance.

B.Life insurance.

C.Disability insurance.

D.Accident insurance.

E.A. and C. only.

F.All of the above.


Job Restoration

Employers must give returning employees same job or equivalent one

•Must have same pay, benefits, working conditions, etc.

•Must be near same worksite and involve similar work schedule

Exception for "key employees"

•If restoring to former position would cause substantial and serious economic injury to business, employer can refuse job restoration

•Employer must notify key employee who will not be restored


Job Restoration (cont’d)

Employers must give returning employees same job or equivalent one

•Must have same pay, benefits, working conditions, etc.

•Must be near same worksite and involve similar work schedule

Exception for "key employees"

•If restoring to former position would cause substantial and serious economic injury to business, employer can refuse job restoration

•Employer must notify key employee who will not be restored


In the news…


Other Issues

Reasons to be familiar with FMLA:

Knowing requirements will help minimize disruption caused by employees who take leave

Violations can expose us to significant legal liability and expense

FMLA interacts with other laws, including —

Workers' compensation

•State family and medical leave laws

•Laws that prohibit discrimination based on disability or pregnancy

Application to union members may be affected by collective-bargaining agreement


Other Issues (cont’d)










Other Issues (cont’d)










04/19/23

Final Quiz


04/19/23

Questions?


04/19/23

Thank you for participating!

This course and the related materials were developed by WeComply, Inc. and the Association of Corporate Counsel.

Documents

Copyright© 2010 WeComply, Inc. All rights reserved. 10/11/2015 Family and Medical Leave Act (FMLA)