FMLA What You Need To Know. Camille Aziz, CILMA Sedgwick CMS October 3, 2007. Direct Cost of FMLA to Employers. Overall direct cost of FMLA in 2004 was $21 Billion Dollars. This did NOT include the added administrative burden employers faced in tracking and complying with FMLA.
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FMLAWhat You Need To Know
Camille Aziz, CILMA
October 3, 2007
Direct Cost of FMLA to Employers
Overall direct cost of FMLA in 2004 was $21 Billion Dollars. This did NOT include the added administrative burden employers faced in tracking and complying with FMLA.
F M L AFamily Medical Leave Act
The act of 1993 allows an eligible EE of a covered employer to take job protected leave for up to a total of 12 work weeks in any 12 months for:
Adoption & Foster Care
Birth of a Child
Care of a Family Member
Employees Own Serious Health Condition
12 Month Calculation
An eligible employee is entitled to 12 work weeks of job protected leave during any 12 month period for a qualifying FMLA reason.
EMPLOYERS HAVE 4 CALCULATION OPTIONS:
The Calendar Year
Any Fixed 12 Month Leave Year
12 Month Period Measured Forward From a Leave Event
Rolling 12 Month Period Measured Backward from a Leave Event
An eligible employee is entitled to 12 work weeks of job protected leave during any 12-month period for a qualifying FMLA reason.
AN EE MUST MEET ALL 4 ELIGIBILITY REQUIREMENTS:
12 Months of Service (does not have to be consecutive)
1250 Actual Hours Worked preceding the date of leave
Must have FMLA Hours Available to use
Request must be certified by a health care provider
What Is A Serious Health Condition?
A Serious Health Condition is any medical condition that makes a person unable to perform the essential functions of their job.
Absence Plus Treatment
Chronic Conditions Requiring Treatment
Permanent/Long Term Conditions Requiring Supervision
Multiple Treatments (Non-Chronic Conditions)
The Employer is responsible for designating time off work as FMLA and informing Employees of their rights under FMLA.
The Employee is responsible for the completion of the Medical Certification to be given to the Employer.
FMLA As A Benefit
The FMLA statue and regulations make clear that FMLA is NOT intended to be an additional 12 week leave entitlement stacked on top of an employer’s existing leave policies.
If the Employer knows the reason for the leave is FMLA qualifying but does not designate it as FMLA, the employee is still afforded FMLA protections under the law, so to “save” FMLA leave for “later” means that the employee will likely have more than 12 weeks of FMLA protections.
Thank you for the time out of your day and for your attention.
Camille Aziz, CILMA