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FMLA - Care For a Member Of The Armed Services

FMLA - Care For a Member Of The Armed Services. Sample comprised of 277 randomly selected HR professionals. Analyzing 277 responses of 2,948 emails sent, 2,863 emails were received (response rate = 10%). Survey fielded March 27 – April 3, 2008; presentation generated on April 4, 2008.

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FMLA - Care For a Member Of The Armed Services

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  1. FMLA - Care For a Member Of The Armed Services • Sample comprised of 277 randomly selected HR professionals. • Analyzing 277 responses of 2,948 emails sent, 2,863 emails were received (response rate = 10%). • Survey fielded March 27 – April 3, 2008; presentation generated on April 4, 2008. • Margin of error is +/- 5%.

  2. Introduction • The National Defense Authorization Act (H.R. 4986) expanded the Family and Medical Leave Act (FMLA) to include “caring for an injured service member”. Under this provision, an employee who is the “spouse, son, daughter, parent or next of kin” may take up to 26 workweeks of leave to care for a member of the Armed Services “who is: • undergoing medical treatment, recuperation, or therapy • otherwise in outpatient status • otherwise on the temporary disability retired list for a serious injury or illness…that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating

  3. The law does not specify how soon after the injury/illness an employee must take caregiver leave to care for the injured/ill service member. In your opinion, how long after the injury/illness occurs should an employee still be permitted to take leave to care for the injured/ill service member? n = 277 Note: Percentages do not total 100% due to rounding.

  4. What should be the maximum period of years? n = 203 Note: 27% of HR professionals who responded “for the remainder of the service member’s life” were excluded from this analysis.

  5. If leave to care for an injured service member qualifies both as “caregiver leave” (26 weeks in a single 12-month period) under the new FMLA military leave and as regular FMLA “medical leave” to care for a family member with a serious health condition (12 weeks in any 12-month period), who should decide to which type of leave it will be charged? n = 277 Note: Percentages do not total 100% due to rounding.

  6. Other Category • We need to follow the law. This question is not for someone's opinion. I think that the law is quite clear that exercising one's rights to care for military shall not limit traditional FMLA. The point is that we can debate the law, but not opinion • Those who passed this law which further confuses the FMLA process should define in more detail to eliminate the guess work for the employer. • These leaves should run concurrently if the employee is qualified for caregiver leave. • The first 12 weeks should run concurrently under both • The employee should be required to designate it as 'caregiver leave' when the leave is requested. Otherwise, it should default to regular FMLA leave. Need to know all circumstances when leave begins because we're dealing with different rules. • Run consecutively • Regular FMLA, then remainder to caregiver • One or the other, but not both--did they intend 38 weeks if someone uses both. Circumstances should decide which type of leave • Once the employee declares it military related it should be counted as caregiver leave from then on. It should be one or the other, not both, take care of them, but no "double dipping". • It should be counted as "caregiver leave" only if the member falls within the FMLA Military Leave for injured/ill service member otherwise it will be counted towards FMLA "medical leave". • It should be called military caregiver leave. There are lots of FMLA leaves where the employee is a caregiver and this could get confusing. • If this status leaves you eligible for both, then they should run concurrently as needed only if needed. • Health care provider should determine if condition related to military; if so, then caregiver leave given as caregiver leave and counted towards all FMLA leave • Employee is entitled to a combined total of 26 weeks under "regular FMLA" and servicemember family leave... so if it is properly documented the law allows for the 26 weeks in a 12 month period. • Employee and Employer case by case negotiation • Concurrent "regular" FMLA and Caregiver leave • Both Leave should be used and the time allotted should run concurrently. • Automatically be counted as "caregiver leave" • Automatically be counted as "caregiver leave", but run concurrent with the regular 12 weeks of FMLA medical leave. • As with other dual-coverage events: whichever is more generous to the employee (caregiver leave in this case)

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