Top 10 FMLA Employer Mistakes

Size: px
Start display at page:

Download "Top 10 FMLA Employer Mistakes"

Transcription

1 Top 10 FMLA Employer Mistakes 1

2 The following mistakes allow FMLA abuse and can create liability for employers who are not administering FMLA requests appropriately. 2

3 Top 10 Mistakes 1. Improperly determining eligibility 2. Deeming employees FMLA eligible 3. Failure to provide required notices 4. Using a calendar year 12 month period 5. Failure to calculate leave entitlement appropriately 6. Failure to properly designate FMLA time 7. Inappropriate use of medical certifications 8. Failure to request a new certification and redetermine eligibility in a new leave year 9. Improper use of recertifications 10. Failure to monitor intermittent leaves closely 3

4 1. Improperly Determining Eligibility Regulations ( ; ; ; ). Employee must: work for covered employer, have worked 1250 hours and 12 months work at a worksite where there are 50 employees in a 75 mile radius. 4

5 1. Improperly Determining Eligibility Best Practice: Make sure you are a covered employer. Verify that you had 50+ employees for each calendar day for 20 weeks in the current or preceding year. At the time the leave is requested, determine that the employee works at a location where there are 50 employees within 75 miles. Count all employees on payroll (including temps) except expatriates. For work at home employees, look to site in to which employee reports or receives assignments from. Verify that the employee worked for 12 nonconsecutive months prior to start of leave. Include employment prior to a continuous break in service of 7 or less years. Include military service in calculation of tenure and hours worked. Verify that the employee worked 1250 hours immediately prior to the start of leave using FLSA hours worked standard. Do not include leaves or PTO. Include temp time in hours worked and tenure for any employee who worked for you as a temp. 5

6 2. Deeming Employees Eligible for FMLA Regulations ( (d); (a)(2); (a)(2); (c); ; (a)(3)): An employer cannot deem an employee eligible for FMLA if they are not eligible. An employer cannot deem an absence to be FMLA-covered if it is not. Best Practice: Do not count FMLA absences against an employee unless the employee is eligible and the absence is covered. If you improperly deduct time from an employee s FMLA bank, the employee may be entitled to an additional 12 or 26 weeks of FMLA leave. Do not treat office locations as covered if there are not 50 employees within a 75 mile radius. Grant a corporate leave if you wish to provide leave in circumstances that are not covered by FMLA (i.e. same sex marriages, domestic partners, grandparents, small offices, new employees). 6

7 3. Failure to Provide Required Notices Regulations ( ): Employers have to give 4 notices: GENERAL NOTICE ELIGIBILITY NOTICE RIGHTS & RESPONSIBILITIES NOTICE DESIGNATION NOTICE general rights under the FMLA send within 5 days of request for leave state at least one reason why if ineligible once eligible, employee remains eligible for remainder of the leave year for that leave reason (although may exhaust entitlement). provide at the same time as eligibility notice advise of method used for 12-month period use of paid leave & conditions must explain that if employee wants, can go unpaid within 5 business days of determining that leave qualifies as FMLA, send notice as to exactly how much time is designated if not possible to determine time, provide every 30 days on request of employee if leave was taken within 30 day period must inform about Fit For Duty requirements and essential job functions if those are to be addressed in Fit For Duty failure to designate employer is liable only if employee can demonstrate harm 7

8 3. Failure to Provide Required Notices (continued) Best Practice: Electronic general notice is sufficient but it must be accessible to employees and applicants. If you have a handbook, general notice must be in the handbook. If no handbook, must distribute upon hire. 8

9 4. Using a Calendar Year 12 Month Period Regulations ( (b)): Employer can choose the method by which the applicable 12 month period during which employee is entitled to leave is measured (calendar, fixed year, measured forward or rolling backward). Best Practice: Rolling backward method provides that each time an employee takes leave, the employer looks backward 12 months to determine how much FMLA time the employee has taken. 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. Rolling backward method prevents stacking of leave. The calendar method allows for stacking. Under the calendar method, an employee can take 12 weeks of leave at the end of one calendar year and immediately take another 12 weeks at the beginning of the new calendar year. Caution: You must use the measured forward method for leaves to care for an injured service member, regardless of the method chosen for other types of leave. 9

10 5. Failure to Calculate Leave Entitlement Appropriately Regulations: (h): Holidays within a full week of FMLA are counted as FMLA. If an employee is using FMLA leave in increments of less than one week, the holiday will not count as FMLA unless the employee was otherwise scheduled to work during the holiday. If employer s business activity has temporarily ceased for one or more weeks, the days the employer s activities ceased do not count as FMLA (b): The actual workweek is the basis of leave entitlement to determine how much FMLA leave time an employee is entitled to take. For example, a 40 hour/week employee is entitled to twelve 40 hour weeks of FMLA or 480 hours of FMLA. A 20 hour/week employee is entitled to 240 hours of FMLA. 10

11 5. Failure to Calculate Leave Entitlement Appropriately (continued) (b): If an employee s schedule varies from week to week so that an employer is unable to determine with certainty how many hours the employee would have worked (but for the taking of FMLA leave): a weekly average of the hours scheduled over the 12 months prior to the beginning of the leave (including any hours for which the employee took leave of any type) would be used for calculating the employee s leave entitlement (c): If an employee would normally be required to work overtime but is unable to do so because of an FMLA-qualifying reason: the hours which the employee would have been required to work may be counted against the employee s FMLA entitlement but must also be factored into the employee s entitlement. 11

12 5. Failure to Calculate Leave Entitlement Appropriately (continued) Best practice: Take care to appropriately determine an employee s FMLA bank, factoring in the employee s normal schedule and any required overtime. Review an employee s FMLA usage to determine if a holiday falls within a full week of FMLA. 12

13 6. Failure to Properly Designate and Track FMLA Time Regulations ( ): Employers must: designate FMLA time within 5 business days of determining that leave qualifies as FMLA. Regulations ( ): Employers can: track intermittent leave in the smallest increment used to track other forms of leave, provided it is not more than 1 hour. 13

14 6. Failure to Properly Designate and Track FMLA Time (continued) Best Practice: If you fail to provide timely designation, you can retroactively designate but you should ask the employee if she relied to her detriment on your failure to designate. If employee can demonstrate harm, you should not retroactively designate. If you have a problem with employees taking FMLA in small increments to excuse late arrivals or late return from lunch, adopt leave policies that require that employees take leave in 1 hour increments. If employees want to take time for prescheduled appointments, they must take time off in 1 hour increments. Generally, you cannot make an employee take more FMLA than needed. However, there are exceptions for physical impossibility, i.e. missed flights or trains, clean rooms, etc. Caution: You can only deduct FMLA in 1 hour increments if the employee was not allowed to work for the full hour. For example, you cannot allow an employee to arrive 15 minutes late, begin work and still deduct 1 hour from their bank. Also, be careful of employees who leave less than 1 hour before the end of their shift due to medical reasons. 14

15 7. Failure to Use Detailed Medical Certifications/ Proper Clarification and Authentication Regulations ( ): Employer must provide employee written notice that a certification is incomplete or insufficient including: what additional information is necessary to make the certification complete and sufficient. The employer must provide the employee seven (7) days to cure any deficiencies. Regulations ( ): Employer can contact the Health Care Provider for clarification or authentication. Contact can be made by a human resources professional, a leave administrator, or a management official. Caution: The employee s immediate supervisor cannot make contact. Best Practice: Use comprehensive medical certification forms. New DOL forms are improved. Return all incomplete and insufficient certifications to employee. Contact medical provider to clarify any answers that you do not understand. Do not allow supervisor to contact HCP Authenticate all questionable certifications. 15

16 8. Failure to Request a New Certification and Redetermine Eligibility in New Leave Year Regulations ( (b)(2); DOL Opinion Letter A: Once an employee is determined to be eligible for FMLA, (s)he remains eligible for one year for that leave reason. Regulations ( (e)): When the employee s need for leave lasts beyond a single leave year, the employer may require the employee to provide a new medical certification in each subsequent leave year. The new medical certification is subject to authentication/clarification and second and third opinions. Best Practice: Establish the one year period of eligibility for each leave request/ reason. Do not redetermine eligibility prior to that time. Re-evaluate eligibility upon the first absence in the new leave year. Employees with ongoing intermittent leaves for chronic conditions may become ineligible due to hours worked. Request a new certification if the employee continues to be eligible. Authenticate, clarify and request 2nd/3rd opinions on the new certification as warranted. 16

17 9. Improper use of Recertifications Regulations ( ): Recertification cannot be requested more often than every 30 days unless: an extension is requested, an employer has reason to doubt the validity of the leave request, the circumstances of the leave have changed, or the minimum duration has expired. Regardless of the minimum duration of the condition, recertification can be requested every six months. The DOL clarified that this applies even to unknown and indefinite conditions. Best Practices: Recertify at a minimum of every 6 months. Recertify patterns of absence (i.e. Monday/Friday). Recertify absences that exceed stated frequency and duration. Recertify if you receive information that questions validity. Utilize clinical resources to determine whether/when to recertify unknown or indefinite conditions. 17

18 10. Failure to Monitor Intermittent Leaves Closely Best Practices: Check certifications carefully: Require the Health Care Provider to certify that leave is medically necessary. Require probable frequency and duration of episodes, if known. Require estimated treatment schedules, including recovery, if known. Monitor absences: Monitor whether absence is for treatment or episodes. Watch for patterns of absence. Consider requiring employees to take bonding/adoption leave in continuous block. Request recertifications as often as possible. Require employees to attempt to schedule planned medical treatment at less disruptive times. 18

Frequently Asked Questions and Answers About the Revisions to the Family and Medical Leave Act

Frequently Asked Questions and Answers About the Revisions to the Family and Medical Leave Act Frequently Asked Questions and Answers About the Revisions to the Family and Medical Leave Act The following are answers to commonly asked questions about the new Family and Medical Leave Act (FMLA) regulations.

More information

Employees may also be eligible to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period.

Employees may also be eligible to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. State of Ohio Family and Medical Leave (FMLA) Policy BASIC LEAVE ENTITLEMENT The Family and Medical Leave Act (FMLA) allows an eligible state employee to take up to twelve workweeks of leave per rolling

More information

Family and Medical Leave Policy (FMLA) Updated May 2015

Family and Medical Leave Policy (FMLA) Updated May 2015 Family and Medical Leave Policy (FMLA) Updated May 2015 Babson College complies with the Family and Medical Leave Act of 1993 (FMLA), as amended by the National Defense Authorization Act (NDAA) of 2008

More information

FAMILY MEDICAL LEAVE ACT (FMLA)

FAMILY MEDICAL LEAVE ACT (FMLA) FAMILY MEDICAL LEAVE ACT (FMLA) Source: Federal Law, State of Ohio FMLA Policy Contact: Office of Employee Services FMLA Policy: BASIC LEAVE ENTITLEMENT The Family and Medical Leave Act (FMLA) allows an

More information

Guiding an Employer through the FMLA Leave Process

Guiding an Employer through the FMLA Leave Process Guiding an Employer through the FMLA Leave Process You represent a growing private employer one that has just hired its 50 th employee. Now your growing client is seeking your guidance on complying with

More information

If you have any questions, concerns, or disputes with this policy, you must contact [insert name and contact info for appropriate person] in writing.

If you have any questions, concerns, or disputes with this policy, you must contact [insert name and contact info for appropriate person] in writing. EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT

More information

Q. Can I use my Short Term Disability (STD) policy concurrent with banked paid time during a FMLA leave?

Q. Can I use my Short Term Disability (STD) policy concurrent with banked paid time during a FMLA leave? Changes to the FMLA Administration Process As of January 1, 2016, Milwaukee County is using a new vendor, FMLASource, to administer FMLA leaves for employees. FMLASource offers new resources and a user

More information

3. Duration of Leave A. Employees may take a maximum of twelve (12) workweeks of Family and Medical Leave

3. Duration of Leave A. Employees may take a maximum of twelve (12) workweeks of Family and Medical Leave , Fair Employment and Housing Act (FEHA), Temporary Family Disability Insurance and Labor Code Section 233- Sick Leave to Attend Family 1. Policy Statement In accordance with employee MOUs and the District

More information

FAMILY MEDICAL LEAVE ACT FAQS Updated November 2013

FAMILY MEDICAL LEAVE ACT FAQS Updated November 2013 FAMILY MEDICAL LEAVE ACT FAQS Updated November 2013 Protections Q: What protections does the FMLA provide? A: Up to 12 weeks job protection in a 12 month period and maintains insurance. Q: Do I get to

More information

UNIVERSITY OF HOUSTON SYSTEM ADMINISTRATIVE MEMORANDUM. SECTION: Human Resources NUMBER: 02.D.06

UNIVERSITY OF HOUSTON SYSTEM ADMINISTRATIVE MEMORANDUM. SECTION: Human Resources NUMBER: 02.D.06 UNIVERSITY OF HOUSTON SYSTEM ADMINISTRATIVE MEMORANDUM SECTION: Human Resources NUMBER: 02.D.06 AREA: SUBJECT: Leave Entitlement Family and Medical Leave 1. PURPOSE The University of Houston System provides

More information

SHRM Knowledge Advisor FMLA Chat Transcript February 14, 2013

SHRM Knowledge Advisor FMLA Chat Transcript February 14, 2013 SHRM Knowledge Advisor FMLA Chat Transcript February 14, 2013 Q. Would influenza qualify under FMLA guidelines, duration of incapacitation was listed as 7 days? A. Typically the flu is not considered a

More information

Family and Medical Leave General FMLA Q & A

Family and Medical Leave General FMLA Q & A Q1: What is the Family and Medical Leave Act (FMLA)? A: The Family and Medical Leave Act of 1993 is a federal law that provides covered employees with the right to an unpaid leave of absence for up to

More information

Are You in Compliance with the New FMLA Regulations and ADA Amendments?

Are You in Compliance with the New FMLA Regulations and ADA Amendments? Are You in Compliance with the New FMLA Regulations and ADA Amendments? May 2009 CAPLAW Update By R. Allison Ma luf, Esq., CAPLAW With the new Family and Medical Leave Act (FMLA) regulations, effective

More information

FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY

FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY Purpose To define policy pursuant to the federal Family and Medical Leave Act for employees of Olympus Corporation of the Americas ( OCA ), Olympus America Inc.

More information

MEMORANDUM. TO: GRCC Employee FROM: Human Resources SUBJECT: Family Medical Leave Act Information

MEMORANDUM. TO: GRCC Employee FROM: Human Resources SUBJECT: Family Medical Leave Act Information G R A N D R A P I D S C O M M U N I T Y C O L L E G E TO: GRCC Employee FROM: Human Resources SUBJECT: Family Medical Leave Act Information MEMORANDUM Attached is information on the Family and Medical

More information

OKLAHOMA CITY UNIVERSITY POLICY THE FAMILY AND MEDICAL LEAVE ACT (FMLA)

OKLAHOMA CITY UNIVERSITY POLICY THE FAMILY AND MEDICAL LEAVE ACT (FMLA) OKLAHOMA CITY UNIVERSITY POLICY THE FAMILY AND MEDICAL LEAVE ACT (FMLA) Oklahoma City University provides leaves of absence under the Family and Medical Leave Act of 1993, as amended, to eligible regular

More information

County of Riverside Human Resources Department

County of Riverside Human Resources Department County of Riverside Human Resources Department Family and Medical Leave Act (FMLA) California Family Rights Act (CFRA) California Pregnancy Disability Act (PDL) FREQUENTLY ASKED QUESTIONS Q1: What are

More information

Policies Policy Information/Details

Policies Policy Information/Details Page 1 of 18 Sites Divisions Directories Communication Resources Market About Advocate Health Care Policies Policy Information/Details back search help Site/Location Systemwide Policy Number 90.013.010

More information

Policies and Procedures SECTION:

Policies and Procedures SECTION: Family and Medical Leave PAGE 1 OF 6 PURPOSE The Family and Medical Leave Act of 1993 (FMLA) requires employers with 50 or more employees to allow eligible employees to take up to 12 workweeks of unpaid,

More information

Procedures for Administering Family and Medical Leave

Procedures for Administering Family and Medical Leave Procedures for Administering Family and Medical Leave The procedures are based on the provisions of the federal Family and Medical Leave Act (FMLA). The function of the procedures is to provide a general

More information

Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved

Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved Presented by: Mark A. Baugh mbaugh@bakerdonelson.com Workers Comp/FMLA/ADAAA Roadmap Basic Statutory

More information

*Guide to the New California Family Rights Act (CFRA) Regulations

*Guide to the New California Family Rights Act (CFRA) Regulations 1 *Guide to the New California Family Rights Act (CFRA) Regulations All citations in this Guide are to the California Family Rights Act regulations contained in the California Code of Regulations, Title

More information

Employers Association of New Jersey HR Law Certification Program 1. Employers Association of NJ HR Law Certificate Program.

Employers Association of New Jersey HR Law Certification Program 1. Employers Association of NJ HR Law Certificate Program. Employers Association of NJ HR Law Certificate Program Session Three Laws which must be considered when an employee requests a leave of absence. Job Protection Federal Family and Medical Leave Act - FMLA

More information

Bucknell University Family and Medical Leave

Bucknell University Family and Medical Leave Bucknell University Family and Medical Leave In accordance with the Family and Medical leave Act of 1993 (FMLA), eligible staff members may request up to twelve (12) weeks of unpaid, job-protected family

More information

FMLA Eligibility Requirements

FMLA Eligibility Requirements FMLA Eligibility Requirements ELIGIBLE EMPLOYEES An employee who has been employed by the company for 12 months / 52 weeks as of the date the leave commences. During the preceding 12 months / 52 weeks

More information

FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE

FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE PURPOSE: The Family and Medical Leave Act of 1993 (FMLA) allows an eligible employee up to 12 weeks of leave in a 12-month period for a qualifying reason(s).

More information

FAMILY CARE LEAVE OF ABSENCE REQUEST FORM

FAMILY CARE LEAVE OF ABSENCE REQUEST FORM FAMILY CARE LEAVE OF ABSENCE REQUEST FORM Section 1: For completion by the Employee The FMLA permits an employer to require that you submit a timely, complete, and sufficient medical certification to support

More information

CITY OF NORWALK FAMILY AND MEDICAL LEAVE ACT POLICY

CITY OF NORWALK FAMILY AND MEDICAL LEAVE ACT POLICY CITY OF NORWALK FAMILY AND MEDICAL LEAVE ACT POLICY OVERVIEW The is a "covered" employer under the Federal Family and Medical Leave Act (FMLA or Act) and is subject to all rules and regulations under the

More information

The Board provides family and medical leave for eligible staff members under the following circumstances:

The Board provides family and medical leave for eligible staff members under the following circumstances: 3430.01 - FAMILY & MEDICAL LEAVE OF ABSENCE ("FMLA") Introduction In accordance with Federal and State law, the Board of Education will provide family and medical leave to professional staff. The Board's

More information

Family and Medical Leave Act/California Family Rights Act

Family and Medical Leave Act/California Family Rights Act Family and Medical Leave Act/California Family Rights Act The Family and Medical Leave Act and California Family Rights Act ( FMLA / CFRA ) provide eligible employees the opportunity to take unpaid, job-protected

More information

WINTHROP UNIVERSITY FAMILY AND MEDICAL LEAVE ACT

WINTHROP UNIVERSITY FAMILY AND MEDICAL LEAVE ACT WINTHROP UNIVERSITY FAMILY AND MEDICAL LEAVE ACT THIS DOCUMENT IS NOT A CONTRACT BETWEEN EMPLOYEES AND WINTHROP UNIVERSITY, EITHER EXPRESSED OR IMPLIED. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS

More information

Instructions for Family Care Leave (FCL) of Absence Application New York and New England Bargained for Employees

Instructions for Family Care Leave (FCL) of Absence Application New York and New England Bargained for Employees Instructions for Family Care Leave (FCL) of Absence Application New York and New England Bargained for Employees Please read the Instructions, the Application and the Conditions for Leave completely before

More information

July 1, 1997 January 16, 2009 Code Number

July 1, 1997 January 16, 2009 Code Number Date Effective Revision Date Effective July 1, 1997 January 16, 2009 Code Number HR 9 City Manager Human Resources Responsible Key Business Objective: This policy outlines the procedures for the City of

More information

FAMILY AND MEDICAL LEAVE STATE OF IOWA AUGUST, 2015. Training for Human Resource contacts

FAMILY AND MEDICAL LEAVE STATE OF IOWA AUGUST, 2015. Training for Human Resource contacts FAMILY AND MEDICAL LEAVE STATE OF IOWA AUGUST, 2015 Training for Human Resource contacts Family and Medical Leave FMLA requires the State of Iowa to provide up to 12 weeks of unpaid, jobprotected leave

More information

a) The employee s eligibility is determined from the date leave begins. b) Military time is credited as if the employee would have been working.

a) The employee s eligibility is determined from the date leave begins. b) Military time is credited as if the employee would have been working. I. Family Medical Leave Act (FMLA) A. Covered Employees 1. All employees, including seasonal, who have been employed for at least 52 weeks with the City and who have worked at least 1,250 hours in the

More information

CITY OF MEMPHIS FMLA ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

CITY OF MEMPHIS FMLA ADMINISTRATIVE POLICY AND PROCEDURE MANUAL CITY OF MEMPHIS FMLA ADMINISTRATIVE POLICY AND PROCEDURE MANUAL Human Resources Division October 2012 FMLA ADMINISTRATIVE POLICY AND PROCEDURE MANUAL Table of Contents I. Introduction... 1 II. Eligibility

More information

FAMILY & MEDICAL LEAVE

FAMILY & MEDICAL LEAVE FAMILY & MEDICAL LEAVE Employees may be eligible for an unpaid leave of absence under the federal Family Medical Leave Act ("FMLA"), subject to its eligibility requirements and other terms, conditions

More information

FMLA: The Leave Process. What happens when an employee is absent from work due to a serious health condition or other qualifying circumstances?

FMLA: The Leave Process. What happens when an employee is absent from work due to a serious health condition or other qualifying circumstances? FMLA: The Leave Process What happens when an employee is absent from work due to a serious health condition or other qualifying circumstances? Benefits Leave Advisor Contact Information: Last Names (A-L)

More information

FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS 1/09 FREQUENTLY ASKED QUESTIONS 1. Which employees are eligible for an FMLA qualifying leave? An "eligible employee" is a State employee who: a) Has been employed by the State for at least 12 months, and

More information

Family and Medical Leave

Family and Medical Leave Family and Medical Leave Application: All positions covered under the Virginia Personnel Act to include full-time and part-time classified, restricted employees, and eligible wage employees. Background

More information

Banyan Consulting Group, Inc. Title Goes Here. Employee Leaves of Absence Do Benefits Continue? Presented By: Penny C. Wofford April 2, 2013

Banyan Consulting Group, Inc. Title Goes Here. Employee Leaves of Absence Do Benefits Continue? Presented By: Penny C. Wofford April 2, 2013 Banyan Consulting Group, Inc. Title Goes Here Employee Leaves of Absence Do Benefits Continue? Presented By: Penny C. Wofford April 2, 2013 Interaction of Several Laws Family and Medical Leave Act (FMLA)

More information

1. Serious Health Condition. Serious Health Condition means an illness, injury, impairment, or physical or mental condition that involves:

1. Serious Health Condition. Serious Health Condition means an illness, injury, impairment, or physical or mental condition that involves: Policies of the University of North Texas 1.4.21 Family and Medical Leave Chapter 5 Human Resources Policy Statement. The University of North Texas (UNT) observes the federal Family and Medical Leave Act

More information

Human Resource Policy Manual

Human Resource Policy Manual HS/EHS Policy Council Approval: 3-23-11 Page 1 of 5 1.0 Family and Medical Leave Act (FMLA) Policy Statement It is the policy of TMC, to comply with the Family and Medical Leave Act (FMLA), which entitles

More information

2.3.2. Placement of a child with the employee for adoption or foster care,

2.3.2. Placement of a child with the employee for adoption or foster care, 1. Purpose: The purpose of this policy is to outline an integrated approach for the efficient and effective management of sick leave in accordance with federal and state leave mandates, employee interests,

More information

1.1 Work Services Corporation recognizes certain designated days throughout the year as paid holidays.

1.1 Work Services Corporation recognizes certain designated days throughout the year as paid holidays. Policy #300 Time, Attendance and Leaves of Absence Purpose Work Services Corporation provides various types of leave for employees covered by a collective bargaining agreement as well as those not covered

More information

Military Family Leave Provisions of the FMLA (Family and Medical Leave Act) Frequently Asked Questions and Answers

Military Family Leave Provisions of the FMLA (Family and Medical Leave Act) Frequently Asked Questions and Answers Military Family Leave Provisions of the FMLA (Family and Medical Leave Act) Frequently Asked Questions and Answers The following are answers to common questions about the military family leave provisions

More information

Family and Medical Leave Act (FMLA) A Practical Guide for Supervisors

Family and Medical Leave Act (FMLA) A Practical Guide for Supervisors Family and Medical Leave Act (FMLA) A Practical Guide for Supervisors Employee Relations Human Resources Administration January, 2010 Family and Medical Leave Act (FMLA) A Practical Guide for Supervisors

More information

FMLA 2 4 FMLA 6 FMLA 6 FMLA

FMLA 2 4 FMLA 6 FMLA 6 FMLA FMLA Leave General Information/ Eligibility... Page 2 Requesting FMLA Leave/ Designation of FMLA Leave... Page 4 FMLA Leave to Care for a New Child... Page 6 FMLA Leave and Parental Leave... Page 6 FMLA

More information

HUMAN RESOURCES MANAGEMENT POLICY FAMILY AND MEDICAL LEAVE. Policy 30

HUMAN RESOURCES MANAGEMENT POLICY FAMILY AND MEDICAL LEAVE. Policy 30 HUMAN RESOURCES MANAGEMENT POLICY FAMILY AND MEDICAL LEAVE Policy 30 NOTE: THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE MEDICAL UNIVERSITY OF SOUTH

More information

Family and Medical Leave Act (FMLA)

Family and Medical Leave Act (FMLA) Family and Medical Leave Act (FMLA) FMLA is a federal law designed to balance the needs of employers and employees in circumstances when employees must take medical leave for serious medical conditions.

More information

Leave from Work to Care for A Family Member

Leave from Work to Care for A Family Member Leave from Work to Care for A Family Member YOUR LEGAL RIGHTS 1. What rights do family/medical leave laws provide? Federal and state law provide certain employees with the right to take an unpaid leave

More information

CALIFORNIA INSTITUTE OF TECHNOLOGY STAFF PERSONNEL MEMORANDA

CALIFORNIA INSTITUTE OF TECHNOLOGY STAFF PERSONNEL MEMORANDA CALIFORNIA INSTITUTE OF TECHNOLOGY STAFF PERSONNEL MEMORANDA Subject: Paid Time Off for Benefit Based Employees Memo No. 15-2 Pages: 10 Date: May 20, 2015 Approved by: Julia M. McCallin, Associate Vice

More information

Brandeis University Office of Human Resources Benefits Section MS 118 781-736-4468

Brandeis University Office of Human Resources Benefits Section MS 118 781-736-4468 Brandeis University Office of Human Resources Benefits Section MS 118 781-736-4468 Family and Medical Leave Policy for Faculty Brandeis University has adopted the following leave policy for faculty members

More information

Policy Statement PAYROLL TIME AND LEAVE REPORTING

Policy Statement PAYROLL TIME AND LEAVE REPORTING Policy Statement PAYROLL TIME AND LEAVE REPORTING It is the policy of the County of Monterey to pay all employees for time worked in an accurate and timely manner, in accordance with applicable Federal

More information

Dartmouth College Information About the Family and Medical Leave Act

Dartmouth College Information About the Family and Medical Leave Act Dartmouth College Information About the Family and Medical Leave Act Frequently Asked Questions The following is a list of your rights and benefits as an eligible FMLA employee: 12 weeks of unpaid FMLA

More information

FAMILY & MEDICAL LEAVE ACT (FMLA) Department of State Civil Service HR Program Assistance Division 225 342 8274 Date: April 6 and April 11, 2011

FAMILY & MEDICAL LEAVE ACT (FMLA) Department of State Civil Service HR Program Assistance Division 225 342 8274 Date: April 6 and April 11, 2011 FAMILY & MEDICAL LEAVE ACT (FMLA) Department of State Civil Service HR Program Assistance Division 225 342 8274 Date: April 6 and April 11, 2011 1 INTRODUCTION PURPOSE The purpose of this presentation

More information

Notice to AFSCME and PSSU Employees Family and Medical Leave Act

Notice to AFSCME and PSSU Employees Family and Medical Leave Act Notice to AFSCME and PSSU Employees Family and Medical Leave Act Sick, Parental, and Family Care (SPF), Military Exigency and Military Caregiver FMLA Information The absence provisions described below

More information

Family and Medical Leave Act 4510.6

Family and Medical Leave Act 4510.6 Human Resources Leaves of Absence Family and Medical Leave Act 4510.6 I. Entitlement to Unpaid Leave under the FMLA. A. Grounds for Family/Medical Leave. An eligible employee shall be entitled to a total

More information

31.03.05 Family and Medical Leave

31.03.05 Family and Medical Leave 31.03.05 Family and Medical Leave February 5, 1997 Revised July 14, 1997 Revised April 23, 1998 Revised May 15, 2002 Revised July 23, 2009 Next Scheduled Review: July 23, 2014 Regulation Statement This

More information

EXECUTIVE BRANCH AGENCY POLICY SECTION 4: FAMILY AND MEDICAL LEAVE ACT (FMLA) LEAVE

EXECUTIVE BRANCH AGENCY POLICY SECTION 4: FAMILY AND MEDICAL LEAVE ACT (FMLA) LEAVE Table of Contents EXECUTIVE BRANCH AGENCY POLICY SECTION 4: FAMILY AND MEDICAL LEAVE ACT (FMLA) LEAVE General Information Employee Eligibility Quantity of and Allowable Purposes for FMLA Leave Definition

More information

3. Q. I have been a transitional employee for nine months. Am I an eligible employee under the FMLA?

3. Q. I have been a transitional employee for nine months. Am I an eligible employee under the FMLA? JOINT APWU & LISPS FAMILY & MEDICAL LEAVE ACT QUESTIONS & ANSWERS The American Postal Workers Union (APWU) and the United States Postal Service (LISPS) have worked jointly to produce answers to the most

More information

TO: Director, Superintendents and Supervisors DATE: March 26, 2010 RE: New Employee Guidelines: Time Keeping, Phones/PDA s and Personal Business

TO: Director, Superintendents and Supervisors DATE: March 26, 2010 RE: New Employee Guidelines: Time Keeping, Phones/PDA s and Personal Business Memo from HR TO: Director, Superintendents and Supervisors DATE: March 26, 2010 RE: New Employee Guidelines: Time Keeping, Phones/PDA s and Personal Business The following information is being distributed

More information

Basic Provisions/Requirements

Basic Provisions/Requirements Basic Provisions/Requirements The FMLA entitles eligible employees of covered employers to take job-protected, unpaid leave for specified family and medical reasons. Eligible employees are entitled to:

More information

NUMBER: HR 1.06. July 1, 1995 (Rev.) REVISED April 15, 2014. Division of Human Resources

NUMBER: HR 1.06. July 1, 1995 (Rev.) REVISED April 15, 2014. Division of Human Resources NUMBER: HR 1.06 SECTION: SUBJECT: DATE: Human Resources Sick Leave July 1, 1995 (Rev.) REVISED April 15, 2014 Policy for: Procedure for: Authorized by: Issued by: All Campuses All Campuses Chris Byrd Division

More information

FAMILY AND MEDICAL LEAVE ACT OF 1993

FAMILY AND MEDICAL LEAVE ACT OF 1993 FAMILY AND MEDICAL LEAVE ACT OF 1993 Revised March 8, 2016 Department of HUMAN RESOURCES Division of Administrative Services HUMAN RESOURCES North End Center 300 Turner St. NW Suite 2300 (0318) Blacksburg,

More information

HAWAII FAMILY LEAVE LAW (HFLL) FAMILY AND MEDICAL LEAVE ACT (FMLA) COMPARISON CHART

HAWAII FAMILY LEAVE LAW (HFLL) FAMILY AND MEDICAL LEAVE ACT (FMLA) COMPARISON CHART Department of Labor and Industrial Relations Wage Standards Division HAWAII FAMILY LEAVE LAW (HFLL) and the FAMILY AND MEDICAL LEAVE ACT (FMLA) COMPARISON CHART OCTOBER 2013 The attached is intended for

More information

Federal vs. Ohio Family and Medical Leave Laws

Federal vs. Ohio Family and Medical Leave Laws FMLA OHIO Federal vs. Ohio Family and Medical Leave Laws Employers Covered Employees Eligible Leave Amount FEDERAL ELEMENTS Private employers with 50 or more employees in at least 20 weeks of the current

More information

In analyzing an employment situation where these laws might apply, employers should follow three rules of thumb:

In analyzing an employment situation where these laws might apply, employers should follow three rules of thumb: From the UE Toolbox Navigating the Intersection of the ADA, FMLA, and Workers Compensation Employment situations that involve the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA),

More information

Family Medical Leave Act Questions & Answers

Family Medical Leave Act Questions & Answers Family Medical Leave Act Questions & Answers 1. Introduction Passed in the mid-1990s, the Family Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA) provide employees with leave from work for their

More information

Health Insurance Premiums: Part-time Employees, Partial Unpaid Leaves and Varying Appointment Percentages

Health Insurance Premiums: Part-time Employees, Partial Unpaid Leaves and Varying Appointment Percentages University of Wisconsin Health Insurance Premiums: Part- Employees, Partial Unpaid Leaves and Varying Appointment Percentages This policy clarifies payments for employees covered by the Wisconsin Retirement

More information

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT 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

More information

Leaves of Absence Frequently Asked Questions

Leaves of Absence Frequently Asked Questions Leaves of Absence Frequently Asked Questions 1. What is FMLA? Family Medical Leave Act (FMLA) applies to employers who employ 50 or more employees. FMLA provides eligible employees with up to 12 weeks,

More information

ABSENCE FROM WORK ABSENCE FROM WORK

ABSENCE FROM WORK ABSENCE FROM WORK ABSENCE FROM WORK Revised 12/17/2015 Employee Handbook: Absence From Work 1 of 11 VACATION To define time-off from regular work hours. It is company policy to grant time off from work under specific rules

More information

Notice to Employees Sick, Parental and Family Care (SPF), Military Exigency and Military Caregiver Absences Family & Medical Leave Act AFSCME and PSSU

Notice to Employees Sick, Parental and Family Care (SPF), Military Exigency and Military Caregiver Absences Family & Medical Leave Act AFSCME and PSSU Notice to Employees Sick, Parental and Family Care (SPF), Military Exigency and s Family & Medical Leave Act AFSCME and PSSU FMLA Information The absence provisions described below are consistent with

More information

FAMILY AND MEDICAL LEAVE POLICY

FAMILY AND MEDICAL LEAVE POLICY Policy No. ULC.1998.003 FAMILY AND MEDICAL LEAVE POLICY Updated and passed by University Council on 12-11-2008 1.0 Purpose 1.1 The UHCL Family and Medical Leave policy establishes guidelines for ensuring

More information

Chief Administrator s Remarks 6/13/2016. Overtime, Absenteeism and FMLA YTD Update. Reporting Period: 1/1 5/31/16

Chief Administrator s Remarks 6/13/2016. Overtime, Absenteeism and FMLA YTD Update. Reporting Period: 1/1 5/31/16 Chief Administrator s Remarks Overtime, Absenteeism and FMLA YTD Update Reporting Period: 1/1 5/31/16 6/13/2016 Overtime expense down 49% YTD 2016 Overtime trend - 49% decrease compared to same period

More information

Understanding FMLA Employee/Employer Rights and Responsibilities

Understanding FMLA Employee/Employer Rights and Responsibilities Understanding FMLA Employee/Employer Rights and Responsibilities By George W. Ports III, SPHR Introduction The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees to take up to 12 or

More information

UNDERSTANDING FAMILY AND MEDICAL LEAVE (A Primer for Connecticut State Employees) Revised July 2013

UNDERSTANDING FAMILY AND MEDICAL LEAVE (A Primer for Connecticut State Employees) Revised July 2013 UNDERSTANDING FAMILY AND MEDICAL LEAVE (A Primer for Connecticut State Employees) Revised July 2013 The Department of Administrative Services has prepared this brochure to help State of Connecticut employees

More information

NUMBER: HR 1.03. DATE: August 1988. REVISED: April 14, 2014. Division of Human Resources

NUMBER: HR 1.03. DATE: August 1988. REVISED: April 14, 2014. Division of Human Resources NUMBER: HR 1.03 SECTION: SUBJECT: Human Resources Annual Leave DATE: August 1988 REVISED: April 14, 2014 POLICY FOR: PROCEDURE FOR: AUTHORIZED BY: ISSUED BY: All Campuses All Campuses Chris Byrd Division

More information

The Leave vs. Compensation Debate: How the FMLA, NJFLA, NJ SAFE Act, NJTDB, NJWCA, NJFLI and Employer PTO Policies Collide

The Leave vs. Compensation Debate: How the FMLA, NJFLA, NJ SAFE Act, NJTDB, NJWCA, NJFLI and Employer PTO Policies Collide : How the FMLA, NJFLA, NJ SAFE Act, NJTDB, NJWCA, NJFLI and Employer PTO Policies Collide By: Ian D. Meklinsky, Esq. Princeton Pike Corporate Center 997 Lenox Drive, Building 3 Lawrenceville, NJ 08648

More information

Family Medical Leave Act (FMLA) Employee Packet. FMLA Introduction and Qualifications. Employee Request Form. Medical Certification Form

Family Medical Leave Act (FMLA) Employee Packet. FMLA Introduction and Qualifications. Employee Request Form. Medical Certification Form Family Medical Leave Act (FMLA) Employee Packet FMLA Introduction and Qualifications Employee Request Form Medical Certification Form Employee Rights and Responsibilities Family Medical Leave Act (FMLA)

More information

State of Wisconsin Department of Workforce Development Equal Rights Division Labor Standards Bureau

State of Wisconsin Department of Workforce Development Equal Rights Division Labor Standards Bureau State of Department of Workforce Development Equal Rights Division COMPARISON OF FEDERAL AND WISCONSIN FAMILY AND MEDICAL LEAVE LAWS The following comparison of federal and state Family and Medical Leave

More information

Please read this statement before proceeding

Please read this statement before proceeding Family and Medical Leave FMLA Military Caregiver Leave A policy for administering the Federal Military Caregiver Leave for eligible employees at Portland State University This Policy Covers: The Federal

More information

City of St. Louis Human Resource Department City Hall 1200 Market St. St. Louis, MO 63103 (314) 622-4000 SICK LEAVE POLICY I.

City of St. Louis Human Resource Department City Hall 1200 Market St. St. Louis, MO 63103 (314) 622-4000 SICK LEAVE POLICY I. City of St. Louis Human Resource Department City Hall 1200 Market St. St. Louis, MO 63103 (314) 622-4000 SICK LEAVE POLICY I. PURPOSE: The compensation ordinance establishes the City of St. Louis sick

More information

Comparative Chart of California s Leave and Wage Replacement Laws

Comparative Chart of California s Leave and Wage Replacement Laws Comparative Chart of California s Leave and Wage Replacement Laws The following document is a chart tracking the major provisions of the California Family Rights Act (the state s near identical equivalent

More information

COUNTY OF KERN. HEALTH BENEFITS ELIGIBILITY POLICY for participants without Active Employee Medical Coverage. Rev 6/13

COUNTY OF KERN. HEALTH BENEFITS ELIGIBILITY POLICY for participants without Active Employee Medical Coverage. Rev 6/13 COUNTY OF KERN HEALTH BENEFITS ELIGIBILITY POLICY for participants without Active Employee Medical Coverage Rev 6/13 Date: June 2013 To: From: Kern County Health Benefits Plan Participants Kern County

More information

FMLA AMENDED TO PROVIDE LEAVE TO

FMLA AMENDED TO PROVIDE LEAVE TO EMPLOYEE BENEFITS ALERT February 2008 Issue 126 FMLA AMENDED TO PROVIDE LEAVE TO MILITARY FAMILIES The Family and Medical Leave Act (FMLA) now grants FMLA leave rights in two additional circumstances that

More information

FMLA: Certification of Health Care Provider for Employee s Serious Health Condition

FMLA: Certification of Health Care Provider for Employee s Serious Health Condition FMLA: Certification of Health Care Provider for Employee s Serious Health Condition Route this form to: Supervisor/responsible administrator U Wide Form: UM 1515 Rev: Mar 2009 NOTE: Failure to fully complete

More information

Fair Employment & Housing Council Amendments to the California Family Rights Act Regulations TEXT

Fair Employment & Housing Council Amendments to the California Family Rights Act Regulations TEXT Fair Employment & Housing Council Amendments to the California Family Rights Act Regulations CALIFORNIA CODE OF REGULATIONS Title 2. Administration Div. 4.1. Department of Fair Employment & Housing Chapter

More information

The Employer s Guide to First-time Outsourcing

The Employer s Guide to First-time Outsourcing Making the Decision to Outsource FML Administration The Employer s Guide to First-time Outsourcing Table of Contents What is FMLA?... 3 A brief description of the Family Medical Leave Act and similar state

More information

Frequently Asked Questions Family and Medical Leave Act (FMLA)

Frequently Asked Questions Family and Medical Leave Act (FMLA) Frequently Asked Questions Family and Medical Leave Act (FMLA) SECTION 1: THE BASICS OF FMLA 1. What is the FMLA? 2. Is there a similar state law in Iowa? 3. What sorts of situations are covered by the

More information

How To Understand The Short Term Disability Plan

How To Understand The Short Term Disability Plan Chicago Public Schools Short Term Disability Plan Plan Effective Date: January 1, 2012 CPS Short-term Disability Plan rev. 02-25-2013 Page 1 TABLE OF CONTENTS PAGE Introduction...3 General Definitions...4

More information

UNIVERSITY OF SOUTHERN CALIFORNIA TUITION ASSISTANCE BENEFIT PROGRAM AMENDED EFFECTIVE JULY 1, 2011

UNIVERSITY OF SOUTHERN CALIFORNIA TUITION ASSISTANCE BENEFIT PROGRAM AMENDED EFFECTIVE JULY 1, 2011 UNIVERSITY OF SOUTHERN CALIFORNIA TUITION ASSISTANCE BENEFIT PROGRAM AMENDED EFFECTIVE JULY 1, 2011 UNIVERSITY OF SOUTHERN CALIFORNIA TUITION ASSISTANCE BENEFIT PROGRAM INTRODUCTION This plan document

More information

I. General Provisions

I. General Provisions FAMILY AND MEDICAL LEAVE POLICY Preamble Wittenberg University ( Wittenberg or the University ), related to the Evangelical Lutheran Church in America, seeks to manifest its Christian commitment and Lutheran

More information

The following provisions apply to the accrual and use of overtime compensation:

The following provisions apply to the accrual and use of overtime compensation: To: All Appointing Authorities and Personnel Officers From: of Administrative Services Re: Overtime Compensation PURPOSE To require all agencies to adopt a uniform overtime compensation policy that complies

More information

Educational Purposes Only - 1

Educational Purposes Only - 1 Educational Purposes Only - 1 In this Guide About this Guide 2 Fair Labor Laws and Policy at UAB 3 Nonexempt and Exempt Status 4 Managing Nonexempt and Exempt Employees _ 5 Paid Time 5 Recordkeeping 6

More information

BP short-term disability (STD) plan

BP short-term disability (STD) plan BP short-term disability (STD) plan IMS#65525 Table of Contents BP short-term disability (STD) plan 1 Eligibility and participation 2 How the plan works 5 Extended work-related STD benefits 8 Lifetime

More information

The Employee s Guide to MILITARY FAMILY LEAVE Under the Family and Medical Leave Act

The Employee s Guide to MILITARY FAMILY LEAVE Under the Family and Medical Leave Act The Employee s Guide to MILITARY FAMILY LEAVE Under the Family and Medical Leave Act WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR Please reference The Employee s Guide to the Family and Medical

More information

FREQUENTLY ASKED QUESTIONS CONCERNING FMLA FOR EXECUTIVE BRANCH EMPLOYEES

FREQUENTLY ASKED QUESTIONS CONCERNING FMLA FOR EXECUTIVE BRANCH EMPLOYEES FREQUENTLY ASKED QUESTIONS CONCERNING FMLA FOR EXECUTIVE BRANCH EMPLOYEES 1. What is the FMLA?... 2 2. Am I entitled to FMLA leave?... 2 3. When can FMLA leave be used?... 3 4. Who is considered a "family

More information

STAFF PARENTAL LEAVE Frequently Asked Questions

STAFF PARENTAL LEAVE Frequently Asked Questions STAFF PARENTAL LEAVE Frequently Asked Questions 1. What is Parental Leave is a leave assurance policy that can provide eligible regular staff with at least one (1) year of service a period of up to eight

More information