FMLA F amily M edical L eave A ct Federal Law

1. FMLAFamily Medical Leave ActFederal Law AND other Leave Laws February 2016

2. What is the FMLA Entitlement?A FEDERAL LAWAdministered by the U.S. Department of Labor • Job protection for serious medical conditions: • For employees’ own condition. • For immediate family members. • Immediate Family Members include spouse, parent, or child. • Per Washington law, domestic partners are included as immediate family members. • Child must be under 18, or over 18 and incapable of self care.

3. Whatis the FMLA Entitlement?A FEDERAL LAWAdministered by the U.S. Department of Labor • Job protection for: • Parental leave, Adoption. • Military Exigency Leave. • Military Caregiver Leave.

4. What is the FMLA Entitlement?A FEDERAL LAWAdministered by the U.S. Department of Labor Guarantees the employee’s right to remain in the same or equivalent position.

5. Summary of State Leave Laws other than FMLA • Victims of Domestic Violence. • Paid leave or LWOP as needed. • Spouses of Deployed Military Personnel. • 15 days of paid leave or LWOP. • Washington Disability Law • Entitles pregnant women time off as directed by their HCP. • Paid leave or LWOP. • Entitles temporarily disabled individuals time off as directed by their HCP. • Paid leave or LWOP.

6. Back in the Day Prior to the Family Medical Leave Act of 1993, employees had no job protection when taking leave for medical reasons.

7. Nowadays…………….since THE FMLA of 1993 • Employees are entitled to up to 12 weeks of job protected leave if : • The employer has 50 or more employees within a 50 mile radius. • The employer is a Public Employer

8. Employees are eligible for leave under the FMLA if: • They have worked at least 1250 hours within the previous 12 month period. Paid Leave/Leave Without Pay (LWOP) and Holidays do not count towards the 1250 hours. • Employed at least 12 months (52 weeks - need not be consecutive) for a covered employer. Employer does not have to count service prior to 7 years.

9. Determine FMLA Entitlement Period Rolling (forward) – 12 month period Twelve weeks of leave during the 12 month period, beginning on the first date FMLA leave is taken. This means the cycle repeats as needed in following years.

10. Determine FMLA Entitlement Period

11. FMLA’S GUARANTEE • 12 weeks of unpaid leave. • Although the employee may opt to use paid leave if available. • Keep the same salary and same or equivalent job. • No loss of health benefits. • The employee must maintain their portion of health care premiums. • The employer continues to pay the employer’s portion of premium.

12. WHAT FMLA is NOT FMLA is NOT additional paid leave. Employees who are out of their own paid leave must take leave without pay (LWOP).

13. Medical Conditions under the FMLA

14. FMLA • 12 weeks of unpaid FMLA leave for: • Own serious health condition. • Parental leave, including adoption. • Immediate family member’s serious health condition. • Military qualifying exigency.

15. What exactly is considered a serious health condition under the FMLA? An illness, injury, impairment, or physical or mental condition that involves: • Inpatient care in a hospital, hospice, or residential medical care facility, or any subsequent treatment in connection with such inpatient care. • Continuing treatment by a health care provider (HCP) • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.

16. Medical conditions that qualify for FMLA • A medical condition requiring over three days absence. • EXAMPLES: • Surgeries and recovery. • Maternityleave • In-patient Treatment. • A medical condition requiring regular intermittent leave. • EXAMPLES: • Out-Patient Treatment. • Required Doctor or Therapy Visits. • Recurring Episodes of a Single Underlying Condition.

17. Medical conditions that DON’T qualify for FMLA • Cold, flu, earaches, and minor ulcers. • Cosmetic treatments. • Substance Abuse. Unless in a certified treatment program

18. FMLA -Military

19. FMLA • 26 weeks of unpaid leave for: • Covered service member recovering from a serious illness or injury sustained in the line of duty while on active duty.

20. Extended FMLA for Military FamiliesAKA: Military Caregiver Leave 26 weeks of leave in a single 12-month period applies to: An eligible employee (meets the 1250 hours threshold in the previous 12 month period) who is the spouse, child of any age, parent, or next of kin of a covered service member recovering from: • A serious illness or injury sustained in the line of duty while on covered active duty. • A serious illness or injury includes aggravation of existing or preexisting injuries/illnesses that were incurred in the line of military duty. • A covered service member now includes veterans who are undergoing medical treatment, recuperation, or therapy for an illness or injury that manifested itself before or after the service member became a veteran.

21. FMLA Exigency Leave for Military Families Employee is entitled to up to 12 weeks of leave because of: • Any qualifying exigency arising out of the fact that the spouse, child of any age, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. • Exigency leave applies to family members of the Reserves, national Guard and of the Regular Armed Forces and Retired Reserves.

22. ~Separate From FMLA~State Laws Leave For Spouses of Deployed Military PersonnelRCW 49.77 During a period of military conflict, an employee who is the spouse of a member of the armed forces, National Guard, or reserves is entitled to 15 days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty. Must provide five days prior notice.

23. Pregnancy

24. ~Separate From FMLA~State Laws Pregnancy Disability Leave RCW 49.78 • Provides women with a leave of absence for the period of time that she is sick or temporarily disabled because of pregnancy or childbirth. • This typically entails six weeks of leave after the birth of a baby. • May also include any needed time off before the birth, as directed by the HCP. • The 12 week FMLA entitlement runs concurrently with the disability leave.

25. FMLA • 18 + weeks of combined FMLA and WA Family Leave for: • Pregnancy, childbirth, and bonding.

26. Washington State Family Leave Act and Pregnancy Disability Leave Maternity leave above and beyond the FMLA. Disability Leave 6 + Weeks WA State Family Leave Act 12 Weeks FMLA 12 weeks Weeks 6 12 18

27. ~Separate From FMLA~State Laws Leave for Victims of Domestic Violence(DVL)RCW 49.76 • Grants leave for victims of domestic violence, sexual assault, or stalking. • For legal or law enforcement assistance, medical treatment, counseling, or personal safety. • Covers child, spouse, parent, parent-in-law, grandparent, or person the employee is dating.

28. Protected Leave Process • SUPERVISOR: • Directs the Employee to HRS • Notifies HR with information

29. Protected Leave Process HRS: • Determines eligibility • Sends or gives the employee an FMLA packet • Informs employee of their rights under the FMLA • Determines for what reasons and for how long the employee needs leave, according to the Health Care Provider (HCP) Certification • Relays non-confidential information to supervisor concerning the employees continuous or intermittent leave

30. Protected Leave Process • Employee: • Has 15 calendar days to return the completed FMLA packet • Must designate absences when they are FMLA related • Must abide by Evergreen’s leave policies and procedures

31. FMLA Packet • Certification of Health Care Provider • Specific to employees’ own condition or that of a family member. • Separate certification for military leave. • Request for FML Form • Indicates to the supervisor and HR how much leave the employee anticipates and whether the leave will be paid or unpaid. • Release of Confidential Information. • Rights Under FMLA. • Physician’s Estimate of Physical Capacities. • Request for Reasonable Accommodation. • FMLA leave request instructions

32. Employees: When Requesting FMLA or Other Protected Leave • 30 days advance notice when foreseeable. • Domestic Violence Leave (DVL) requires employer notice within 24 hours. • Comply with Evergreen’s leave policy and timekeeping procedures. • An employee must state when their leave is for FMLA purposes. • The leave system has a check box marked “FMLA” and tracks hours automatically. • The employee does not have to give the supervisor details about the nature of the medical condition.

33. MEDICAL PAPERWORK All Medical Documentation Must Be Kept in a Separate Medical File in HRS. Must not be kept in supervisory files.

34. Scenario: Migraines John sometimes needs to leave work because of migraine headaches. DOES JOHN QUALIFY FOR FMLA? Yes, John’s condition is considered “chronic” under the FMLA. Supervisor: Send John to HRS to pick up an FMLA packet (packets can also be emailed). HRS: Place John on conditional FMLA pending the return of the Certification of Health Care Provider.

35. How to use the Leave System for FMLA How to check the “FMLA” box when submitting leave for FMLA on the Leave Request screen. This will ensure the leave you take is protected under the FMLA

36. How to mark/check leave requests for FMLA Enter Leave

37. How to mark/check leave requests for FMLA Preview Leave Request

38. How to mark/check leave requests for FMLA This is how you check if you indeed marked/checked the “FMLA” box. You can look up a leave request in the pending leave tab or the leave history tab (double click a leave request) and select “Detail”. The leave request will expand and you can see if you checked the “FMLA” box.

39. How to mark/check leave requests for FMLA There could be reasons that the FMLA check box is not available after you preview your leave request: • Your FMLA period ended • You exceeded your 12 week (or other) entitlement If you are having problems “checking” the FMLA box when submitting a leave request, please contact HRS.

40. Take Away • Human Resources is obligated by law to designate FMLA for: • serious/chronic sick leave absences over 3 days. • Regular intermittent leave. • Supervisors must know when an employee is taking FMLA leave. • Employees are protected from disciplinary action for reasons concerning their medical condition.