n this webinar you will learn how understand the purpose and definition of the Family Medical Leave Act. As well as recognize potential reasons for covered leave and what necessary steps you can take as outlined under FMLA. You will understand the employee and employer responsibilities under FMLA and have the ability to apply compliance guidance to your workplace.

1. Fundamentals
of
FMLA
Presented
by:
Bri8any
Cullison,
PHR
G&A
Partners
–
HR
Client
Advisor

2. Agenda
• Purpose
and
definiDon
of
FMLA
• Covered
employers
• Eligible
employees
• Reasons
for
leave
• CerDficaDon
process
• Employer
responsibiliDes
• Employee
responsibiliDes

3. Before
we
get
started…
• I
am
not
an
a8orney
• This
material
is
not
legal
advice
• This
presentaDon
is
not
a
subsDtute
for
experienced
legal
counsel

4. Poll
• How
many
FMLA-­‐covered
leave
cases
do
you
address
each
year?

5. Family
and
Medical
Leave
Act
• An
effort
to
balance
the
demands
of
employment
and
the
needs
of
families
• To
promote
economic
securiDes
of
families
• To
promote
equal
employment
opportunity

6. FMLA
Defined
EnDtles
eligible
employees
of
covered
employers
to
take
unpaid,
job
protected
leave
for
specified
family
and
medical
reasons
Source:
DOL
Fact
Sheet
#28

7. Covered
Employers
• Private
employer
with
50
or
more
employees
• 20
or
more
workweeks
in
current
or
preceding
calendar
year
• Includes
joint
employer
or
successor
in
interest
• Public
agencies
• Regardless
of
employee
count
• Public
or
private
elementary
school
or
secondary
school
• Regardless
of
employee
count
Source:
DOL
Fact
Sheet
#28

8. Eligible
Employees
• Works
for
a
covered
employer
and
has
worked
for
the
employer
for
at
least
12
months
• 12
months
does
not
have
to
be
consecuDve
• If
break
in
service
is
greater
than
7
years,
prior
service
does
not
have
to
be
counted,
unless
leave
is
covered
by
USERRA
or
there
is
a
wri8en
agreement
otherwise
• Has
worked
at
least
1250
hours
for
the
employer
during
the
preceding
12
months
• Different
for
airline
flight
employees
• Works
at
a
locaDon
where
the
employer
has
at
least
50
employees
within
75
mile
radius

9. Leave
EnDtlement
• 12
workweeks
of
leave
in
a
12
month
period
for
any
of
the
following
reasons:
• Birth
of
a
child
or
placement
of
child
with
employee
for
adopDon
or
foster
care;
• To
care
for
a
spouse,
child
or
parent
with
a
serious
health
condiDon;
• Due
to
a
serious
health
condiDon
of
the
employee
that
makes
the
employee
unable
to
perform
the
essenDal
funcDons
of
their
job;
or
• For
any
qualifying
exigency
NOTE:
CalculaDon
of
leave
is
different
for
airline
flight
employees

10. Intermi8ent
Leave
• Leave
can
be
taken
in
weeks,
days,
hours
or
possibly
minutes
• Determined
by
the
increment
used
in
other
leave
categories
(sick,
vacaDon)
• For
intermi8ent
leave
less
than
a
week
in
duraDon,
holidays
do
not
count
as
FMLA
leave

11. Birth
of
a
Child/Bonding
Leave
• Both
mothers
and
fathers
are
eligible
• Same
employer
rules
• Birth
and
bonding
leave
enDtlement
expires
12
months
aeer
the
date
of
birth
• Not
required
to
be
offered
as
intermi8ent
leave,
unless
employer
agrees
to
such

12. Child
Placement
and
Bonding
• Mothers
and
fathers
are
both
eligible
• Leave
can
be
taken
before
the
actual
adopDon
for
related
acDviDes
• Bonding
leave
enDtlement
expires
12
months
aeer
the
date
of
placement
• Not
required
to
be
offered
as
intermi8ent
leave,
unless
employer
agrees
to
such

13. Serious
Health
CondiDon
• For
employee
or
employee’s
family
member
• Parent
• Spouse
• Child
• In
loco
parenDs
• Can
be
taken
intermi8ently

14. Serious
Health
CondiDon
• Illness,
injury,
impairment
or
physical
or
mental
condiDon
that
involves:
• any
period
of
incapacity
or
treatment
connected
with
inpaDent
care
(i.e.,
an
overnight
stay)
in
a
hospital,
hospice,
or
residenDal
medical
care
facility;
or
• a
period
of
incapacity
requiring
absence
of
more
than
three
calendar
days
from
work,
school,
or
other
regular
daily
acDviDes
that
also
involves
conDnuing
treatment
by
(or
under
the
supervision
of)
a
health
care
provider;
or
• any
period
of
incapacity
due
to
pregnancy,
or
for
prenatal
care;
or

15. Serious
Health
CondiDon
• Illness,
injury,
impairment
or
physical
or
mental
condiDon
that
involves:
• any
period
of
incapacity
(or
treatment
therefore)
due
to
a
chronic
serious
health
condiDon
(e.g.,
asthma,
diabetes,
epilepsy,
etc.);
or
• a
period
of
incapacity
that
is
permanent
or
long-­‐term
due
to
a
condiDon
for
which
treatment
may
not
be
effecDve
(e.g.,
Alzheimer's,
stroke,
terminal
diseases,
etc.);
or,
• any
absences
to
receive
mulDple
treatments
(including
any
period
of
recovery
therefrom)
by,
or
on
referral
by,
a
health
care
provider
for
a
condiDon
that
likely
would
result
in
incapacity
of
more
than
three
consecuDve
days
if
lee
untreated
(e.g.,
chemotherapy,
physical
therapy,
dialysis,
etc.).

16. Serious
Health
CondiDon
• The
following
condiDons
are
excluded,
unless
inpaDent
care
or
complicaDons
develop
that
would
meet
the
above
criteria:
• cosmeDc
treatments
• common
colds
• Flu
• ear
aches
• upset
stomach
• minor
ulcers
• headaches
other
than
migraine
• rouDne
dental
or
orthodonDa
problems
• periodontal
disease

17. Qualifying
Exigencies
• Covered
acDve
duty
definiDon
• Family
member
includes
spouse,
son,
daughter
or
parent
• Qualifying
exigencies
include:
• Responding
to
short-­‐noDce
deployment,
• A8ending
military
events
and
related
acDviDes,
• A8ending
to
childcare
and
school
acDviDes,
• Receiving
counseling,
• A8ending
to
financial
and
legal
ma8ers,
• Periods
of
rest
and
recuperaDon,
• Post-­‐deployment
acDviDes,
• Parental
care
(military
member’s
parent),
and
• Other
acDviDes
agreed
to
by
the
employee
and
the
organizaDon.

18. Qualifying
Exigencies
• Childcare
and
parental
care
• The
eligible
employee
does
not
need
to
be
related
to
the
parent
• The
eligible
employee
must
be
related
to
the
military
member
(spouse,
child
or
parent)
• The
military
member
should
be
related
to
the
child
or
parent

19. Qualifying
Exigencies
• Periods
of
rest
and
recuperaDon
• Changed
from
5
days
to
15
• ConDnuous
or
intermi8ent
• Must
be
during
Dme
specified
on
R&R
orders

20. AddiDonal
Leave
EnDtlement
• 26
workweeks
of
leave
during
a
“single
12
month
period”:
• To
care
for
a
covered
servicemember
with
a
serious
injury
or
illness
when
the
employee
is
the
spouse,
son,
daughter,
parent
or
next
of
kin
of
the
servicemember.

21. POLL
• Have
you
ever
had
an
employee
take
military
caregiver
FMLA
leave?

22. Covered
Servicemember
• Current
Servicemember:
• A
current
member
of
the
Armed
Forces,
NaDonal
Guard
or
Reserves
and
is
• undergoing
medical
treatment,
recuperaDon
or
therapy,
or
is
in
outpaDent
status,
or
• is
on
the
temporary
disability
reDred
list,
for
a
serious
injury
of
illness

23. Covered
Servicemember
• Covered
Veterans:
• Member
of
the
Armed
Forces,
NaDonal
Guard
or
Reserves;
• Discharged
or
released
from
service
under
condiDons
other
than
dishonorable
and
• Discharged
within
the
five-­‐year
period
before
the
start
of
military
caregiver
leave
and
• Undergoing
medical
treatment,
recuperaDon,
or
therapy
for
a
qualifying
serious
injury
or
illness

24. Serious
Injury
or
Illness
• Current
Servicemember
• Incurred
in
the
line
of
duty
and
may
cause
servicemember
to
be
medically
unfit
to
perform
the
duDes
of
the
servicemember’s
office,
grade,
rank,
or
raDng
• Includes
injuries
or
illnesses
that
existed
prior
to
acDve
duty
that
were
aggravated
by
service
in
the
line
of
duty

25. Serious
Injury
or
Illness
• Covered
Veterans
• a
conDnuaDon
of
a
serious
injury
or
illness
that
was
incurred
or
aggravated
when
the
veteran
was
a
member
of
the
Armed
Forces
and
rendered
the
servicemember
unable
to
perform
the
duDes
of
the
servicemember’s
office,
grade,
rank,
or
raDng;
or
• a
physical
or
mental
condiDon
for
which
the
veteran
has
received
a
U.S.
Department
of
Veterans
Affairs
Service-­‐Related
Disability
RaDng
(VASRD)
of
50
percent
or
greater,
and
the
need
for
military
caregiver
leave
is
related
to
that
condiDon;
or
• a
physical
or
mental
condiDon
that
substanDally
impairs
the
veteran’s
ability
to
work
because
of
a
disability
or
disabiliDes
related
to
military
service,
or
would
do
so
absent
treatment;
or
• an
injury
that
is
the
basis
for
the
veteran’s
enrollment
in
the
Department
of
Veterans
Affairs
Program
of
Comprehensive
Assistance
for
Family
Caregivers

26. 12
month
period
for
Military
Caregiver
Leave
• Single
12
month
period
begins
the
day
of
leave
and
ends
12
months
later
• Not
always
the
same
as
the
12
month
period
available
for
other
FMLA
leave
reasons
• Eligible
employee
limited
to
combined
total
of
26
workweeks
• Military
caregiver
leave
available
once
per
servicemember,
per
serious
injury
or
illness
• Eligible
employee
can
care
for
more
than
one
covered
servicemember
at
a
Dme
during
leave

27. Next
of
Kin
• a
blood
relaDve
who
has
been
designated
in
wriDng
by
the
servicemember
as
the
next
of
kin
for
FMLA
purposes
• blood
relaDve
who
has
been
granted
legal
custody
of
the
servicemember
• brothers
and
sisters
• grandparents
• aunts
and
uncles
• first
cousins

28. Employee
ResponsibiliDes
• Eligible
employees
may
be
required
to
provide:
• 30
days
advance
noDce
for
foreseeable
leave
• NoDce
as
soon
as
pracDcable
when
not
foreseeable
• Sufficient
informaDon
for
the
employer
to
understand
why
the
leave
is
needed
• Timely
noDce
of
leave
being
FMLA
qualifying
if
not
addressed
prior
to
absence

29. Employee
ResponsibiliDes
• And
if
requested,
employee
should:
• Provide
cerDficaDon
requests
in
a
Dmely
manner
• Provide
periodic
status
reports
• Submit
fitness
for
duty
upon
return
to
work

30. Employer
ResponsibiliDes
• Post
a
general
noDce
explaining
rights
and
responsibiliDes
(WH
PublicaDon
1420)
• Posted
for
all
worker
to
see
in
common
area
• Must
be
in
plain
view
• Provided
in
other
languages
when
porDon
of
workforce
is
not
fluent
in
English
• Provides
informaDon
regarding
filing
a
complaint
• May
be
assessed
a
fine
for
not
posDng

31. Employer
ResponsibiliDes
• Provide
wri8en
FMLA
policy
• Best
place
is
in
an
employee
handbook
• Contains
same
informaDon
as
in
poster,
at
minimum
• Best
pracDce
to
include
further
detail

32. Employer
ResponsibiliDes
• Provide
eligibility
noDce
• Must
state
whether
the
employee
is
eligible,
and
if
not
eligible,
the
reason
why
• Provided
within
5
business
days
• Only
provided
once
in
a
12
month
period
unless
the
FMLA
qualifying
reason
is
different
or
eligibility
has
changed
• Form
WH-­‐381

33. Employer
ResponsibiliDes
• Provide
Rights
and
ResponsibiliDes
noDce
• Qualified
leave
may
be
designated
and
counted
against
annual
leave
enDtlement
• Requirements
of
cerDficaDon
of
the
need
for
leave
• SubsDtuDon
of
paid
leave
• Premium
payments
to
maintain
benefits
• “Key
Employee”
• Maintenance
of
benefits
during
leave
• Job
restoraDon
• Employee
potenDal
liability
of
health
insurance
premiums
if
employee
fails
to
return
to
work
aeer
leave
• Other
informaDon
• Form
WH-­‐381

34. CerDficaDon
of
Leave
• Medical
CerDficaDon
for
serious
health
condiDon
• Employer
must
allow
15
days
to
be
completed
• Employee
responsible
for
any
costs
• If
incomplete
or
insufficient,
provide
wri8en
noDce
to
employee
to
cure
(7
calendar
days)
• WH-­‐380-­‐E,
WH-­‐380-­‐F
• Employer
representaDve
can
authenDcate
and
clarify
cerDficaDon
(not
direct
supervisor!)
• Employer
can
request
second
opinion
at
employer
cost

35. CerDficaDon
of
Leave
Request
• Qualifying
Exigency
• Copy
of
orders
• Statement
of
facts
• Approximate
Dmes
of
leave
• Contact
informaDon
for
third
parDes
• Proof
of
relaDonship
• Cannot
request
second
or
third
opinions
• Cannot
require
recerDficaDon
• Must
allow
15
days
to
complete
• Form
WH-­‐384

36. CerDficaDon
of
Leave
Request
• Military
Caregiver
• Completed
by
authorized
health
care
provider
• DOD,
VA,
DOD
TRICARE,
Non-­‐military
• For
veterans:
• VASRD
raDng
document
acceptable;
may
sDll
require
confirmaDon
of
family
relaDonship
and
documentaDon
of
discharge
date
• For
current
servicemembers:
• ITO
or
ITA
• Second
or
third
opinions
only
for
non-­‐military
affiliated
HCP
• Must
allow
15
days
to
complete

37. Employer
ResponsibiliDes
• DesignaDon
NoDce
• Employer
is
responsible
for
designaDng
leave
as
FMLA
leave
• NoDce
should
be
provided
within
5
business
days
• Should
be
provided
for
each
qualifying
reason
per
applicable
12
month
period
• Employer’s
determinaDon
• Any
concurrent
use
of
paid
leave
requirements
• Any
fitness
for
duty
requirements
• Provides
amount
of
leave
counted
against
enDtlement
• Form
WH-­‐382

38. Employer
ResponsibiliDes
• Recordkeeping
• Dates,
documents
and
records
of
FMLA
leave
• Hours
if
intermi8ent
• No
less
than
three
years
• Medical
informaDon
must
be
maintained
in
a
confidenDal
manner

39. Employer
ResponsibiliDes
• Maintenance
of
Employee
Benefits
• Employer
maintains
payment
of
their
contribuDon
to
premiums
• Employee
must
pay
their
premium
porDon
• Same
condiDons
applied
as
if
the
employee
were
conDnuously
employed

40. Employer
ResponsibiliDes
• Employee
Reinstatement
• Same
posiDon,
or
to
an
equivalent
posiDon
with
equal
pay,
benefits
and
other
terms
and
condiDons
• Pay
includes
bonuses,
uncondiDonal
pay
increases,
pay
premiums
and
opportunity
for
overDme
• Benefits
include
insurance,
paid
Dme
off,
pensions,
educaDonal
benefits
• Other
terms
and
condiDons
may
include
duDes,
condiDons,
responsibiliDes,
schedule,
locaDon

41. In
closing
• Employers
cannot
interfere
with,
restrain
or
deny
employees’
FMLA
rights
• It’s
prohibited
to
retaliate,
discriminate,
discharge
or
otherwise
consider
a
negaDve
factor
against
an
employee
for
exercising
FMLA
rights

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