Key words Family LOA, LOA, Family, Sick Leave, Leave of Absence, FMLA RH-HR-HR Category Human Resources (HR) Effective Date December 2007

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1 Subject Family Medical Leave Act (FMLA) Attachments Yes No Key words Family LOA, LOA, Family, Sick Leave, Leave of Absence, FMLA Number RH-HR-HR Category Human Resources (HR) Effective Date December 2007 Manual Human Resources Issued By Human Resources Applicable All probationary and regular employees of Regions Hospital who meet the following eligibility criteria: 1. Employees must have been employed with Regions Hospital for a total of 12 months prior to the commencement date of the leave, and 2. Employees must have worked at least 1250 hours for Regions Hospital in the 12 month period prior to the commencement of the leave 3. All periods of absence from work due to military service covered by USERRA are counted towards an employee s eligibility for FMLA leave Review Responsibility Human Resources Last Review Date July 2014 Next Review Date December 2015 Origination Date April 1995 Retired Date Not Applicable Contact Human Resources I. PURPOSE To comply with the provisions of the Family Medical Leave Act of 1993, providing time off for certain family and medical reasons. For a summary of employee rights and responsibilities under the Family and Medical Leave Act, see the attached poster provided by the U.S. Department of Labor, which is incorporated in this policy by reference. II. POLICY Eligible employees may take up to a total of 12 work weeks of unpaid, job-protected leave during a 12- month period for one or more of the following reasons: 1) For the birth and care of a newborn child of the employee, or for the placement with the employee of a son or daughter for adoption or for foster care; 2) For the employee s self-care when unable to work because of his/her serious health condition; and 3) For the employee to care for an immediate family member (See definition) who has a serious health condition. Eligible employees with covered military family members may use their 12-week leave entitlement to address certain qualifying exigencies. Eligible employees may also take up to 26 weeks of leave to care 1 of 4

2 for a covered service member during a single 12-month period. For more detail see the attached FMLA Poster, U.S. Department of Labor or consult Human Resources. Employees are required to use all available accrued benefit hours during leave (see policy # 60:02:09) including PTO, holiday, old vacation/holiday. Employees with extended sick leave hours should reference policy #60:02:07. Employees are not required to take more leave than necessary to address the circumstances that precipitated the need for the leave. Worker s compensation (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA leave. Consistent with applicable law, FMLA leave will also run concurrently with any unpaid leave available under state law for the same purpose. Under certain circumstances employees may take FMLA leave intermittently (taking leave in block of time, or by reducing their normal weekly or daily work schedule) when an employee needs time away from work periodically due to medical condition as stipulated in the required Certification of Health Care Provider Form, which may be obtained from Worksite Health for completion by the employee s provider (see below). Leave due to a qualifying exigency for military families may also be taken on an intermittent basis. Maintenance of Benefits During the entire period of the 12 weeks of FMLA leave, the employer will maintain and contribute to the employee s coverage, under the medical, dental and life insurance plans, in the same manner as when the leave began. Employees are responsible for regular benefits premium payments that are typically payroll deducted while on a leave of absence. As long as the employee is receiving pay for any accrued benefit hours, the regularly scheduled premiums will continue to be deducted from the employee s pay received from Regions Hospital. If the employee is no longer receiving a pay check from Regions Hospital while on FMLA leave, the employee remains responsible for his or her share of the premiums payments. At the employee s option Regions will advance payments on the employee s behalf during unpaid leave, and the employee s regularly scheduled premiums will go into arrears and be deducted from the employee s paycheck upon returning to work from a leave of absence. If the employee chooses this option, scheduled premiums will be normally doubled upon the employee s return to work until the employee has paid all payments in arrears. To choose this option, employees must first sign the attached Employee Notice and Consent Form regarding benefits during leave. Employees who do not consent to have their premiums held in arrears are required to submit the employee s share of premium payments during unpaid leave on the same schedule as the payments would otherwise be due for continuation of coverage under COBRA. If the employee s premium payment is more than 30 days late, Regions obligations to maintain health insurance coverage cease upon 15 days notice to the employee. If Regions pays the employee s share after the payment is missed, Regions may recover the premium from the employee. Regions may also recover its share of health plan premiums paid on the employee s behalf if the employee fails to return to work after the FMLA leave is exhausted or expires, unless the employee s failure to return is due to the continuation, recurrence, or onset of either the serious health condition of the employee or the employee s family member or a serious illness or injury of a covered service member which would otherwise entitle the employee to FMLA leave, or other circumstances beyond the employee s control. Job Restoration Employees on FMLA have the right to return to the same or equivalent position including job title, department, FTE, shift, and schedule unless business policy or practices have changed regardless of the 2 of 4

3 employee s presence or absence from the workplace. III. PROCEDURE(S) Employee should request their leave with 30 days advance notice (unless the need for leave is unforeseeable). When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with Regions normal call-in procedures. The Employee must call HealthPartners Worksite Health at to request a leave of absence and obtain the necessary paperwork. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Employee requests his or her health care provider to complete the Certification of Healthcare Provider Form, for leave due to serious health condition of the employee or an immediate family member. Employee returns the signed request form, completed Certification of Healthcare Provider Form and signed Employee Notice and Consent regarding Benefits to Worksite Health within 15 days. Failure to provide a complete and sufficient medical certification when requested may result in delay or denial of leave. Employee maintains contact with their manager during the leave of absence. Employees may be required to provide periodic recertification supporting the need for leave. Employees on intermittent FMLA must call their manager and call Worksite Health to record each period of absence from work. When the employee needs leave for an FMLA-qualifying reason that has already been approved, the employee must specifically reference the qualifying reason or the need for FMLA leave. Calling in sick is not sufficient. Employees are responsible to record intermittent FMLA time correctly in Regions time keeping system (mytime). Employee contacts Worksite Health and the manager two weeks prior to expected return to work to discuss their return to work schedule. If the leave is for the employee s own serious health condition, the employee must have the health care provider complete the Return to Work Form which must be reviewed by Employee Health and Wellness and approved prior to returning to work. Worksite Health will help to coordinate this process. If the employee s approved leave time ends, and the employee fails to report to work or fails to contact their manager to arrange for further leave or return to work, any absences following approved leave will be considered as unscheduled time off and managed accordingly. IV. DEFINITIONS Work-week: Seven (7) consecutive days, beginning with Sunday and ending on Saturday. 12 month period: Commences on the effective date of the requested leave. The previous 12-month period determines eligibility. Each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months. Immediate Family Member: Parent, spouse, child, domestic partner. Domestic Partner: An individual who is not married and sole partner to an unmarried employee, at least 18 years of age or older and lives in the same residence with an employee with the intent to reside together permanently. A domestic partner may be of the same or opposite sex. Parent: A biological parent or an individual who acted in the place of a parent ( in loco parentis ) when the employee was a child. This term does not include parents-in-law. Spouse: A husband or wife as defined or recognized by state law. Son or Daughter (Child): A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person who acted in the place of a parent ( in loco parentis ) who is under 18, or if the child is over 3 of 4

4 age 18 the child must be incapable of self-care at the time the FMLA leave is to commence because of a mental or physical disability as defined by the Americans with Disabilities Act. Serious Health Condition: an illness, injury, impairment or mental or physical condition that involves the following: Inpatient care (overnight stay) in a medical care facility, including any period of inability to work or perform other regular daily activities due to the serious health condition, or any subsequent treatment in connection with such inpatient care. Continuing treatment by a health care provider, involving any period of inability to work or perform regular daily activities for more than three consecutive days, that also involves treatment by a health care provider two or more times within the first 30 days or treatment on one occasion which results in a regimen of continuing treatment under supervision of a health care provider. Any period of incapacity due to pregnancy or for prenatal care. Chronic serious health conditions, permanent or long-term conditions, or conditions which require multiple treatments. V. COMPLIANCE Failure to comply with this policy may result in the delay or denial of leave. VI. VII. ATTACHMENTS FMLA Poster, U.S. Department of Labor OTHER RESOURCES Bargaining unit employees should refer to their Bargaining Unit Agreement (union contract) for information on other related leave benefits. Residents/fellows should refer to the GME policy and procedure for information specific to FMLA for residents/fellows and other related leave benefits. Personal Leave of Absence Policy RH-HR-HR Extended Sick Leave Policy RH-HR-HR PTO Policy RH-HR-HR Leave for Immediate Family of Military RH-HR-HR Leave to Attend Military Ceremonies RH-HR-HR VIII. APPROVAL(S) Kim Egan, Executive Director, Human Resources IX. ENDORSEMENT Human Resources Leadership Team 4 of 4

5 EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: for incapacity due to pregnancy, prenatal medical care or child birth; to care for the employee s child after birth, or placement for adoption or foster care; to care for the employee s spouse, son, daughter or parent, who has a serious health condition; or for a serious health condition that makes the employee unable to perform the employee s job. Military Family Leave Entitlements Eligible employees whose spouse, son, daughter or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.* *The FMLA definitions of serious injury or illness for current servicemembers and veterans are distinct from the FMLA definition of serious health condition. Benefits and Protections During FMLA leave, the employer must maintain the employee s health coverage under any group health plan on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee s leave. Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least 12 months, have 1,250 hours of service in the previous 12 months*, and if at least 50 employees are employed by the employer within 75 miles. *Special hours of service eligibility requirements apply to airline flight crew employees. Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Use of Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Substitution of Paid Leave for Unpaid Leave Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer s normal paid leave policies. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer s normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee. Unlawful Acts by Employers FMLA makes it unlawful for any employer to: interfere with, restrain, or deny the exercise of any right provided under FMLA; and discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enforcement An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. 2619) requires FMLA covered employers to post the text of this notice. Regulation 29 C.F.R (a) may require additional disclosures. For additional information: US-WAGE ( ) TTY: U.S. Department of Labor Wage and Hour Division WHD Publication 1420 Revised February 2013

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