Understanding fmla at ttuhsc
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Understanding FMLA at TTUHSC. Chuck Risley, M.B.A., SPHR Managing Director, Employee Relations and Development. What is FMLA?.

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Understanding fmla at ttuhsc

Understanding FMLA at TTUHSC

Chuck Risley, M.B.A., SPHR

Managing Director, Employee Relations and Development


What is fmla
What is FMLA?

  • The Family and Medical Leave Act (FMLA) of 1993, as amended (2008), allows ‘‘eligible’’ employees of a covered employer (TTUHSC) to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months because of:


What is fmla1
What is FMLA?

  • The birth of a child, or placement of a child with you for adoption or foster care;

  • Your own serious health condition;

  • Because you are needed to care for your spouse, child, or parent due to his/her serious health condition.


What is fmla2
What is FMLA?

  • Because of a qualifying exigency arising out of the fact that your spouse, son or daughter, or parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.


What is fmla3
What is FMLA?

  • Because you are the spouse, son or daughter, parent, or next of kin of a covered service member with a serious injury or illness.


Purpose of fmla
Purpose of FMLA

  • FMLA is intended to allow employees to balance their work and family life by taking reasonable unpaid leave (TTUHSC requires paid leave to be taken if available) for eligible reasons (listed previously).


Purpose of fmla1
Purpose of FMLA

  • The Act is intended to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity… while accommodating the legitimate interests of employers.


Fmla ttuhsc separate
FMLA/TTUHSC (Separate)

FMLA = Job Protection

FMLA = Pay


Understanding fmla at ttuhsc

TTUHSC (and the State of Texas) requires employees to apply for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.


Stacking
“Stacking” for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

Employer

Employee


Eligibility requirements
Eligibility Requirements for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • TTUHSC employee

  • 12 months/1250 hours

  • Must be for an eligible reason:


Reasons for leave
Reasons for Leave for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • The birth of a child, or placement of a child with you for adoption or foster care (Note: State Parental Leave may be available if not eligible for FMLA);

  • Your own serious health condition;

  • Because you are needed to care for your spouse, child, or parent due to his/her serious health condition.


What s a serious condition
What’s a Serious Condition? for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • A “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either:

    • (1) Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care;OR


What s a serious condition1
What’s a Serious Condition? for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • (2) Continuing treatment by a health care provider, which includes:

    • (a) A period of incapacity lasting more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also includes:


What s a serious condition2
What’s a Serious Condition? for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • - treatment two or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within 7 days and both within 30 days of the first day of incapacity); OR

  • - one treatment by a health care provider (i.e., an in-person visit within 7 days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); OR


What s a serious condition3
What’s a Serious Condition? for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • (b) Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; OR

  • (c) Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence; OR


What s a serious condition4
What’s a Serious Condition? for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • (d) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; OR

  • (e) Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated.


What s typically not serious
What’s Typically Not Serious? for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • Unless complications arise:

    • Common Cold

    • Flu

    • Ear ache

    • Upset stomach

    • Minor ulcers

    • Headaches (non-migrane)

    • Orthodontia problems

    • Periodontal disease


Reasons for leave1
Reasons for Leave for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • Because of a qualifying exigency arising out of the fact that your spouse, son or daughter, or parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.


Reasons for leave2
Reasons for Leave for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • Because you are the spouse, son or daughter, parent, or next of kin of a covered service member with a serious injury or illness (up to 26 weeks).


Pay insurance
Pay/Insurance for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • While on FMLA:

    • Required to use (accrued) paid leave otherwise LWOP (or SLP if eligible)

    • While on LWOP, state continues to pay employee portion of health insurance premium

    • Job protection

  • If not on FMLA:

    • Full month LWOP status: State DOES NOT pay employee portion of health insurance premium

    • No job protection unless in “paid” leave status


Responsibilities
Responsibilities for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • Supervisor (Per OP 70.32): The employee's supervisor is responsible for notifying the employee of the requirement to apply for FML when leave is requested/taken for FMLA eligible reasons.


Responsibilities1
Responsibilities for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • Employee (Per OP 70.32): TTUHSC employees are required to apply for FML coverage as outlined in this policy for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.


Ttuhsc operating policies
TTUHSC Operating Policies for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • OP 70.06 Employee Working Hours and Holidays

  • OP 70.01 Leaves of Absence

  • OP 70.32 Family and Medical Leave (FML)

    • Updated 7/09

    • New certification forms


Questions
QUESTIONS? for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.


Contact information
Contact Information for FML coverage for Family and Medical Leave Act (FMLA) qualifying conditions/events requiring absence from work.

  • Your local HR contact/HR Department

  • Liana Garza, M.B.A.

    Leave Administrator

    TTUHSC Human Resources, Lubbock

    (806) 743-4747 ext 235

    Liana.garza@ttuhsc.edu

  • DOL Website:http://www.dol.gov/esa/whd/fmla/finalrule.htm