FMLA TRAINING  Presented by:  Toni McFarland, DMB

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2. Office of the State Employer Employee Health ManagementToni McFarland

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FMLA TRAINING Presented by: Toni McFarland, DMB

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1. 1 FMLA TRAINING Presented by: Toni McFarland, DMB/OSE/EHM Cheryl Schmittdiel, DMB/OSE/CNA JoAnn Ostrander, MDCS/EBD Jody Bilicke, MDCS/HRMN

2. 2

3. 3 The State of Michigan must observe EE rights under the FMLA;

4. 4 EMPLOYEE ELIGIBILITY Tips to Remember 1) COMMUNICATE 2) EDUCATE 3) LOOK BEFORE YOU LEAP Tips to Remember 1) COMMUNICATE 2) EDUCATE 3) LOOK BEFORE YOU LEAP

5. 5 EMPLOYEE ELIGIBILITY Work for covered ER (Public Employment); and Work 12 months; need not be consecutive; and Work at least 1,250 hours within the 12 months prior to the leave; and Military leave counts as time worked; and Work at a location with at least 50 EEs within 75 miles. Toni *give example recent court decision - Toni *give example recent court decision -

6. 6 LEAVE ENTITLEMENT

7. 7 EE need not mention FMLA specifically, must simply give FMLA qualifying reason for leave.

8. 8 QUALIFYING EVENTS The SOM as a covered employer must grant an eligible EE up to a total of 12 workweeks of paid/unpaid leave in a 12 month period for any of the following reasons: for the birth of a son or daughter and to care for the newborn; for the placement of a child for adoption or foster care, and to care for the newly placed child; to care for a spouse, son, daughter, or parent with a Serious Health Condition (SHC); and for the EE's own SHC that makes the EE unable to perform the functions of their position.

9. 9 PARENT Biological parent or a person who stands or stood “in loco parentis” to an EE when the EE was under 18. The term does not include parents-in-law. Explanation of “proof” that can be required. Note: Definition is different and more expansive than “parent” is for purposes of side leave usage.Explanation of “proof” that can be required. Note: Definition is different and more expansive than “parent” is for purposes of side leave usage.

10. 10 SON OR DAUGHTER biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing “in loco parentis”, who is (1) under 18, or (2) 18 or older and “incapable of self-care because of a physical or mental disability.” Explanation of “proof” that can be required. NOTE: Definition is different and more expansive from other contexts such as sick leave use or dependent eligibility for health insurance.Explanation of “proof” that can be required. NOTE: Definition is different and more expansive from other contexts such as sick leave use or dependent eligibility for health insurance.

11. 11 “INCAPABLE OF SELF-CARE” Individual requires active assistance or supervision with either: Activities of daily living (ADL) - bathing, dressing, and eating; or Instrumental activities of daily living (IADL) - cooking, cleaning, shopping, transportation, etc.

12. 12 SPOUSE Husband or wife, as defined or recognized under State law for purposes of marriage in the State where the EE resides. Common law marriage in states where it is recognized; however it is not recognized in Michigan.

13. 13 THINGS TO REMEMBER Spouses employed by the same employer may be limited to a combined total of 12 workweeks of family leave for: birth or care of a child, or placement of a child for adoption or foster care and care for the newly placed child. However, if limited, each spouse is entitled to the difference between the amount taken individually and 12 weeks within the 12 month period for other FMLA qualifying events. Collective Bargaining Agreements or the Civil Service Rules and Regulations may provide for additional leave entitlements once the FMLA leave is exhausted.Collective Bargaining Agreements or the Civil Service Rules and Regulations may provide for additional leave entitlements once the FMLA leave is exhausted.

14. 14 THINGS TO REMEMBER FMLA Leave to care for a newborn child or a newly placed child must conclude within 12 months after the birth or placement. (See Section 825.201).

15. 15 A 12-MONTH PERIOD An eligible employee is entitled to a total of 12 workweeks of leave during a 12-month period beginning on the first date the employee's leave is taken. The next 12-month period begins the first time leave is taken after completion of any previous 12-month period. Although the Act permits 4 ways to define a 12 month period …It is in our CBAs and the CSR. A calendar yr A designated year A rolling backward year SOM operates in more than one state, an exception to the single method rule allows for compliance with state FMLA laws. Any FMLA leave the employee was entitled to, but did not take within the 12-month period, does not roll over.Although the Act permits 4 ways to define a 12 month period …It is in our CBAs and the CSR. A calendar yr A designated year A rolling backward year SOM operates in more than one state, an exception to the single method rule allows for compliance with state FMLA laws. Any FMLA leave the employee was entitled to, but did not take within the 12-month period, does not roll over.

16. 16 ENTITLEMENTS An eligible employee is entitled to: 12 weeks leave per 12 month period (unpaid/paid) Benefits protection Restoration to same terms/conditions of employment prior to leave (unless a “key employee”) If working 1st shift can not bring back to a 3rd shift position If working 1st shift can not bring back to a 3rd shift position

17. 17 INTERMITTENT LEAVE EEs can take leave on an intermittent basis or work a reduced schedule under certain circumstances. ER cannot require the EE to take more leave than is required. The leave can be taken in the shortest period our payroll system will allow. (See Section 825.205) When medically necessary to care for a seriously ill family member or because of EE’s SHC. To care for a newborn or newly placed adopted or foster care child only with the ER’s approval. Medical Certification must state that the leave will be intermittent….. Can be used for follow up tx …ie, PT, etc. Intermittent leave scheduled so as not to interrupt operations Reduction in daily/weekly schedule For EE’s own SHC - may be temporarily transferred to an alternative job (Transitional Employment or Light Duty) w/equivalent pay and benefits Medical Certification must state that the leave will be intermittent….. Can be used for follow up tx …ie, PT, etc. Intermittent leave scheduled so as not to interrupt operations Reduction in daily/weekly schedule For EE’s own SHC - may be temporarily transferred to an alternative job (Transitional Employment or Light Duty) w/equivalent pay and benefits

18. 18 ALTERNATIVE POSITION Transfer to an alternative position during the period of intermittent leave may be required by the ER if: leave is foreseeable or based on planned medical treatment.

19. 19 ALTERNATIVE POSITION The Alternative Position must: have equivalent pay and benefits better accommodate recurring periods of leave, or restrictions than the regular position of the EE. ER may proportionately reduce benefits, such as annual and sick leave accruals that are based on number of hours worked. Alternative Position need not be equivalent in duties. We may not transfer EE to an alternative position to discourage the taking of FMLA leave FMLA may run concurrently with W/C or LTD….they can turn down favored work but W/C can stop benefits. We may not transfer EE to an alternative position to discourage the taking of FMLA leave FMLA may run concurrently with W/C or LTD….they can turn down favored work but W/C can stop benefits.

20. 20 EMPLOYEE SUBSTITUTION OF PAID LEAVE EE may choose to substitute paid annual leave, personal or sick leave for unpaid FMLA leave. EE's use of compensatory time, BLT, or deferred hours for FMLA qualifying purpose cannot be counted against the EE's FMLA leave entitlement.

21. 21 EMPLOYER SUBSTITUION OF PAID LEAVE ER may require accrued sick or annual leave be substituted and run concurrently with 12 week entitlement. If ER requires accrued paid leave to be substituted for unpaid FMLA leave: ER must provide notice within 2 business days following EE’s request for leave; or when sufficient information is obtained to determine that leave of absence qualifies as FMLA leave.

22. 22 SERIOUS HEALTH CONDITION

23. 23 SERIOUS HEALTH CONDITION Any illness, injury, impairment, or physical or mental condition that involves any of the following (See 825.114): Inpatient care (i.e., overnight stay), Incapacity of more than 3 days w/continuing treatment by a Health Care Provider (HCP) Continuing treatment by a HCP for a chronic/long term condition Pregnancy/prenatal care Overnight stay in ..hospital, hospice, residential medical care facility 3 calendar days away from work that involves continuing treatment by or under the supervision of a HCP Recovery from treatment or multiple treatments for a condition that would result in 3 or more consecutive scheduled work days away form work. Examinations to determine if a SHC exists Evaluations of the condition “Regimen of continuing treatment” -- prescription drugs Therapy requiring special equipment to resolve or alleviate the health conditionOvernight stay in ..hospital, hospice, residential medical care facility 3 calendar days away from work that involves continuing treatment by or under the supervision of a HCP Recovery from treatment or multiple treatments for a condition that would result in 3 or more consecutive scheduled work days away form work. Examinations to determine if a SHC exists Evaluations of the condition “Regimen of continuing treatment” -- prescription drugs Therapy requiring special equipment to resolve or alleviate the health condition

24. 24 HEALTH CARE PROVIDER Health Care Providers (HCP) include: Licensed M.D. or Osteopath Any HCP from whom the State of Michigan’s group health plan will accept certification.

25. 25 OTHER HEALTH CARE PROVIDERS HCPs also include: Podiatrists, Dentists, Clinical Psychologists Optometrists, Chiropractors, Clinical Social Workers, Counselors Nurse Practitioners and Nurse-midwives HCP authorized to practice in a country other than the U.S. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston MSChristian Science practitioners listed with the First Church of Christ, Scientist in Boston MS

26. 26 BENEFITS PROTECTION JoAnn Ostrander Employee Benefits Division (EBD) Dept. of Civil Service FEDERAL LAW THAT EMPLOYER KEEPS THE INSURANCE GOING FOR EMPLOYEE/DEPENDENTS FOR UP TO 12 WEEKS. FEDERAL LAW THAT EMPLOYER KEEPS THE INSURANCE GOING FOR EMPLOYEE/DEPENDENTS FOR UP TO 12 WEEKS. FEDERAL LAW THAT EMPLOYER KEEPS THE INSURANCE GOING FOR EMPLOYEE/DEPENDENTS FOR UP TO 12 WEEKS. FEDERAL LAW THAT EMPLOYER KEEPS THE INSURANCE GOING FOR EMPLOYEE/DEPENDENTS FOR UP TO 12 WEEKS.

27. 27 FMLA & HEALTH CARE BENEFITS

28. 28 PROCESSING FMLA ADJUSTMENTS To process FMLA adjustments the Dept HR offices must complete the FMLA form (CS-1787) and provide EBD the following: Last Day of the Pay Period in which the EE reaches 480 hours of FMLA Leave, Employee name, EE I.D. number & SS#, Department/agency number, Employee address (for billing purposes), and Date insurance should be extended under FMLA & which insurances.

29. 29 INSURANCES WILL END If EE reaches the end of their FMLA Leave entitlement in middle of a pay period, EBD will extend the insurances to the end of the pay period. Pay period end dates will always be on a Saturday. If the EE’s last day physically at work is 1/12/05 but has FMLA entitlement through 3/9/05 insurances will end when the pay period ends on 3/12/05.

30. 30 FMLA & THE LTD RIDER When the EE has an approved LTD claim then the following will take place: The LTD rider will pay the health insurance premium (for 6 months) for the EE & their covered dependents; and The COBRA form (CS-1767) must be sent to the EE with the Health Ins end date & FMLA Dental & Vision Ins end dates filled in by HR.

31. 31 THE LTD RIDER For Example: If the EE is eligible at the time their Health Ins ends, the LTD Rider will pick up the EE and covered dependents for 6 months. The LTD Rider does NOT pick up Dental & Vision coverage. If the EE chooses to keep their Dental and Vision coverage during their FMLA Leave they would only be eligible to pick up and pay their share through the end of the pay period at the end of their FMLA entitlement. EBD cross references the EE’s COBRA form with the FMLA form previously submitted by HR.

32. 32 FMLA FOR EMPLOYEES THAT DO NOT HAVE THE LTD RIDER or TAKE FMLA FAMILY CARE LEAVE If the EE does NOT have the LTD Rider or they are taking Family Care Leave the EE will be responsible for their bi-weekly share of health, dental and vision premiums. The SOM will continue to cover the state share of bi-weekly premiums for 12 weeks (480 hours) or until the FMLA entitlement ends.

33. 33 EBD MUST BE INFORMED WHEN THE EE RETURNS TO WORK EBD will then stop COBRA billings, and will re-activate coverage and remove the manual stop dates in HRMN.

34. 34 OTHER INFORMATION FMLA forms or information needed to process adjustments may be: faxed to EBD at (517) 373-3174; or E-mailed to [email protected] Questions? Call EBD at (517) 373-7977 or (800) 505-5011.

35. 35 PROCESSING FMLA RELATED TRANSACTIONS IN HRMN & DCDS Jody Bilicke HRMN Dept. of Civil Service

36. 36 Process MISCUPDAT2 action in HRMN

37. 37

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40. 40

41. 41 EMPLOYEE AUTO-ENROLLED IN FMLA TIME ACCRUAL PLAN

42. 42

43. 43 Enter hours in DCDS every pay period using the appropriate Hours Type. FMAL FMLA – ANNUAL FMLA FAMILY MEDICAL LEAVE ACT FMSL FMLA – SICK

44. 44 Process LOA actions in HRMN

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49. 49

50. 50

51. 51

52. 52

53. 53 Process MISCUPDAT2 action in HRMN

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56. 56

57. 57

58. 58 EMPLOYEE AUTO-ENROLLED IN FMLA TIME ACCRUAL PLAN IN HRMN

59. 59

60. 60 ADD FMLA TIME ACCRUAL ADJUSTMENT IN HRMN EVERY PAY PERIOD UNTIL EMPLOYEE RETURNS.

61. 61

62. 62

63. 63

64. 64

65. 65 Process RETURN LOA action in HRMN Follow Process Leave of Absence step action table located on the HRMN Web Learning Center (http://10.7.1.8/HRMNTraining/mainpage.htm)

66. 66

67. 67

68. 68

69. 69

70. 70 Do not remove at this time

71. 71

72. 72

73. 73

74. 74

75. 75 Zero hours when the FMLA Expiration Date is changed

76. 76

77. 77

78. 78 PENSION - RETIREMENT PLANS & BONUS ENTITLEMENT

79. 79 PENSION - RETIREMENT PLANS No break in service for purposes of vesting and eligibility to participate. EE considered employed for plans requiring specific date to credit for purposes of a year of service for vesting, contributions or participation. EE on FMLA leave to be treated as if he/she continued to work for changes to benefit plans.

80. 80 BONUS ENTITLEMENT The EE cannot be disqualified for bonuses that the EE met the requirements for prior to leave, such as: Perfect attendance Safety (absence of injuries or accidents) Production - EE entitled to same consideration as other EEs on paid/unpaid leave.

81. 81 JOB RESTORATION

82. 82 JOB RESTORATION EE must be restored to their original position or an equivalent position with: Equivalent Pay Equivalent Benefits Other employment terms/conditions Other benefits accrued prior to the start of the leave Equivalent working conditions, including privileges, prerequisites, status

83. 83 REINSTATEMENT EE has no greater right to reinstatement or other benefits and conditions of employment than if the EE had been continuously employed during the FMLA leave period. FMLA leave cannot be used to shield an EE from disciplinary action, which would have been imposed had the EE been at work.

84. 84 EQUIVALENT POSITION

85. 85 REINSTATEMENT ER may delay reinstatement if EE fails to provide a fitness for duty certificate if previously required.

86. 86 REINSTATEMENT Reinstatement rights expire after EE exhausts 12-week FMLA entitlement, unless other laws, rules, regs or agreements apply: worker’s comp ADA collective bargaining agreements (CBA) Civil Service Rules (CSR).

87. 87 REINSTATEMENT Must restore EE to same shift or overtime hours if EE’s job has been filled by another EE. Not required to reinstate to same shift or overtime hours if shift has been eliminated or overtime hours have decreased.

88. 88 REINSTATEMENT ER restoration obligation under FMLA ceases completely at time of termination if: Layoff, or term of employment or project expires, or unequivocal notice from EE of intent not to return to work.

89. 89 EMPLOYEE NOTICE REQUIREMENTS

90. 90 EMPLOYEE NOTICE AND CERTIFICATION REQUIREMENTS 30 day notice to Dept/Supervisor if leave is foreseeable; as soon as practical when leave is not foreseeable. Med. cert. (See Medical Certification Form) supporting SHC of EE or family member after written notice by the supervisor/Dept. Verbal notice to the ER 1 or2 business days of learning of the need to take leave. The employer can ask for recertification by HCP every?????Verbal notice to the ER 1 or2 business days of learning of the need to take leave. The employer can ask for recertification by HCP every?????

91. 91 EMPLOYEE NOTICE AND CERTIFICATION REQUIREMENTS 2nd or 3rd opinion are at Dept’s expense. Periodic status reports or re-certification. Fitness for duty cert. if required by Dept. or CBA. Verbal notice to the ER 1 or2 business days of learning of the need to take leave. The employer can ask for recertification by HCP every 30 days for pregnancy, chronic illness and long term illness Short term illness that state something like 45 days we cannot go back for a re-cert, unless they want to cont pass the defined period. Or a change in circumstances. Verbal notice to the ER 1 or2 business days of learning of the need to take leave. The employer can ask for recertification by HCP every 30 days for pregnancy, chronic illness and long term illness Short term illness that state something like 45 days we cannot go back for a re-cert, unless they want to cont pass the defined period. Or a change in circumstances.

92. 92 EE NOTICE REQUIREMENTS If EE wants qualifying absence treated as FMLA leave and Dept has not designated prior to the EE’s return, EE must notify Dept within 2 business days after EE returns to work. EE must also provide appropriate Med. Cert. within 15- calendar day timeframe. EE may not subsequently assert FMLA protection, if such notification is not made.

93. 93 EMPLOYER RESPONSIBILITIES

94. 94 POSTING REQUIREMENTS Posters on premises. Post in a conspicuous place where EEs can readily see. In a language in which the significant portion of workers are literate (English and Spanish are available on the US DOL website; other languages available by request).

95. 95 “DETERMINING AMOUNT OF LEAVE USED BY EE” Holidays (paid or unpaid) are counted against FMLA leave entitlement. Business activity cessation for a week or longer, such as school closing during winter breaks would not count against the FMLA entitlement.

96. 96 EMPLOYER RESPONSIBILITIES ER must provide written notice designating leave as FMLA leave and detailing specific expectations and obligations of the EE in writing (See WH-381 Employer Response to Employee Request for Family or Medical Leave). Dept may designate after EE returns to work in two circumstances: Leave is short term and Dept is awaiting medical certification Dept did not know the reason for the leave, but learns upon the EE's return to work - Designation must be made in 2 business days of the EE's return. We must notify EE of rights & responsibilities in writing - reinstatement, medical cert. and fitness for duty requirements We must be responsive to EE questions Regulations/Policies/Handbooks must include FMLA info We must notify EE of rights & responsibilities in writing - reinstatement, medical cert. and fitness for duty requirements We must be responsive to EE questions Regulations/Policies/Handbooks must include FMLA info

97. 97 DESIGNATION PROCESS Always ER responsibility. Determine if EE is eligible for leave. Determine if reason is FMLA qualifying. Give notice to EE of designation; may be given orally or in writing oral notice must be followed up in writing to the EE by the next payday. If we know or should know the reason for leave is a FMLA reason at the time leave commences, the leave must be designated by the Dept at that time in writing.If we know or should know the reason for leave is a FMLA reason at the time leave commences, the leave must be designated by the Dept at that time in writing.

98. 98 ER DESIGNATION PROCESS Form WH-381 satisfies all requirements of 825.300-301 ER must provide general and specific notice.

99. 99 ENFORCEMENT Complaints - Wage and Hour - ER Policy Review. Litigation - DOL or private attorney. Remedies - wages/employment lost: monetary loss for providing care reasonable legal and witness fees Private right of action. 2 year statute of limitation.

100. 100 QUESTIONS & ANSWERS

101. 101 CONTACT INFORMATION Toni McFarland, DMB/OSE/EHM (517) 33-54274, [email protected] Cheryl Schmittdiel, DMB/OSE/CNA (517) 37-37400 [email protected] JoAnn Ostrander, MDCS/EBD (517) 37-37977 [email protected] Jody Bilicke, MDCS/HRMN (517) 24-15961 [email protected]

102. 102 Thank You!

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