Family Medical Leave Act.   Family Medical Leave Act (FMLA)was established in 1993.  The Purpose of the Act is to give certain job protections to employees.

Presentation on theme: "Family Medical Leave Act.   Family Medical Leave Act (FMLA)was established in 1993.  The Purpose of the Act is to give certain job protections to employees."— Presentation transcript:

1 Family Medical Leave Act

2   Family Medical Leave Act (FMLA)was established in 1993.  The Purpose of the Act is to give certain job protections to employees balancing illness, injury or care for a family member.  The most recent change for FMLA was March 2013. These changes will impact  Members of the military  Airline Flight Attendants Family Medical Leave Act

3   FMLA policy and procedure can be found under Administrative and Finance 3-0708.  Policies and Procedure are found on the OSU website under Human Resources FMLA - Policy

4  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. Basic Medical Leave Entitlement

5   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.  A serious health condition is not short-term conditions such as the flu, cold, routine pregnancy, or voluntary treatments. Serious Health Condition

6  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. Military Family Leave Entitlements

7   The special leave permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12- month period. A covered service member is:  (1) a current member of the Armed Forces, including a member of the National Guard or Reserves  (2) a veteran who was discharged or released under conditions other than dishonorable FMLA - Special Leave Entitlement

8  Employees are eligible for FMLA if they have worked for a covered employer for at least 12 months and/or have 1,250 hours of service in the previous 12 months. FMLA Eligibility

9   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. Intermittent Leave

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11   Reminder FMLA is unpaid leave; however, employees will be required to take accrued leave prior to taking leave without pay.  FMLA is taken concurrently with other OSU leave policies. Annual and Sick Leave

12   Employee's coverage in a group health plan will continue under the same conditions that existed prior to family/medical leave.  Employee medical will be paid by OSU if the employee is enrolled in medical coverage at the time the leave is requested.  Employee life insurance and all optional benefits regularly paid by the employee will be paid by the employee while on leave.  Dependent coverage of existing benefits would continue to be paid by the employee as under normal circumstances. Employee Benefits

13   Employee contributions will be made by the employee through the Bursar's Office on a timely basis.  In the event an employee elects to cancel insurance coverage's, such cancellation will be effective the end of the month after written notice to OSU Human Resources. No partial premiums will be calculated.  If an employee fails to return to work from unpaid leave after a cleared medical release, the employee will be required to reimburse OSU for premiums paid on behalf of the employee during the family/medical leave. The employee will be billed through the Bursar's. Employee Benefits, Cont’d

14  Supervisors should be in regular communication with their HR Partner through out an employee’s Leave. Upon return from FMLA leave an employee:  Will be restored to his/her original or equivalent position with equal pay, benefits, and other terms of employment.  May not be restored to an original or equivalent position if such position has been eliminated through a reduction in force program or if the original terms of appointment expired during the leave. Return to Work

15   Key employees ranking in the top 10% of the highest paid employees at OSU may be excluded from the job guarantee provision if there are reasons justifying such an action.  If the reason for leave is personal illness or injury of the employee, medical proof of fitness to return to work will be required indicating the employee is able to perform the essential functions of the job. Return to Work, Cont’d

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17   When possible employees must provide 30 days advance notice of the need to take FMLA.  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. Employee Responsibilities

18   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 any of the following:  Employee is unable to perform job functions  Family member is unable to perform daily activities  Hospitalization or continuing treatment by a health care provider is needed.  Circumstances supporting the need for military family leave. Employee Responsibilities, Cont’d

19   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. Employee Responsibilities, Cont’d

20   Ensure that employees are notified about Family Medical Leave Act (FMLA)  Ensure the FMLA request are handled timely with the support of your HR Partner.  Complete all required documentation timely and ensure response is give to the employee in a timely manner. You HR Partner is there to assist as need. Supervisor Responsibilities

21  FMLA forms can be found on the HR Web Site; Supervisor Tool Kit. http://hr.okstate.edu/hr/supertools#srchWSuccess Forms Include:  Sample MEMO  FMLA Policy (3-0708)  WH381 Notice of Eligibility and Rights & Responsibilities  WH380EEmployee Serious Health Condition  WH380FFamily Member Serious Health Condition  WH384Exigency for Military Family Leave  WH385Serious Health Condition or Injury for Military Family Leave  WH385V Serious Injury or Illness FMLA Forms

22  FMLA Process