family & medical leave, alaska family leave & military family leave

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Family & Medical Leave, Family & Medical Leave, Alaska Family Leave & Alaska Family Leave & Military Family Leave Military Family Leave Division of Personnel & Labor Relations Division of Personnel & Labor Relations Department of Administration Department of Administration Revised May 2013 Revised May 2013

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Family & Medical Leave, Alaska Family Leave & Military Family Leave. Division of Personnel & Labor Relations Department of Administration Revised May 2013. Session Objectives. Overview of family leave laws Overview of the military family leave law Expectations of employees - PowerPoint PPT Presentation

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Page 1: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Family & Medical Leave,Family & Medical Leave,Alaska Family Leave & Alaska Family Leave & Military Family LeaveMilitary Family Leave

Division of Personnel & Labor RelationsDivision of Personnel & Labor Relations

Department of AdministrationDepartment of AdministrationRevised May 2013Revised May 2013

Page 2: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Session ObjectivesSession Objectives Overview of family leave lawsOverview of family leave laws

Overview of the military family leave lawOverview of the military family leave law

Expectations of employeesExpectations of employees

Supervisor’s responsibilitiesSupervisor’s responsibilities

Payroll Services’ responsibilitiesPayroll Services’ responsibilities

Agency Human Resource (HR) staff Agency Human Resource (HR) staff responsibilitiesresponsibilities

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Page 3: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Family & Medical Leave Act of 1993 (FMLA)Family & Medical Leave Act of 1993 (FMLA)Provides a job-protected absence for up to Provides a job-protected absence for up to 12 weeks12 weeks in a in a 1212 month period to eligible employees for a qualifying medical month period to eligible employees for a qualifying medical condition or for parental leave.condition or for parental leave.

Military Family Leave (MFL) FMLA provisionMilitary Family Leave (MFL) FMLA provisionProvides for up to Provides for up to 12 weeks12 weeks of leave in a of leave in a 1212 month period month period because of any “qualifying exigency” when a military because of any “qualifying exigency” when a military member is on covered active duty.member is on covered active duty.

Provides for up to Provides for up to 26 weeks26 weeks of leave in a of leave in a 1212 month period to month period to care for a covered servicemember recovering from a serious care for a covered servicemember recovering from a serious illness or injury sustained in the line of duty on active duty illness or injury sustained in the line of duty on active duty (this is known as Military Caregiver Leave). (this is known as Military Caregiver Leave).

EntitlementsEntitlements

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Page 4: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

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Entitlements continuedEntitlements continuedAlaska Family Leave Act of 1992 (AFLA)

Serious Medical Conditions:Provides a job protected absence for up to 18 weeks in a 24 month period to eligible employees for a qualifying condition.

Parental Leave:Provides a job protected absence for up to 18 weeks in a 12 month period to eligible employees for pregnancy, childbirth, or adoption.

When an employee is eligible under more than one When an employee is eligible under more than one Act, the entitlements run concurrentlyAct, the entitlements run concurrently

Page 5: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Who is an Eligible Employee?Who is an Eligible Employee?All employees who meet the employment thresholds.All employees who meet the employment thresholds.

For FMLA and MFL:For FMLA and MFL: employed by the State of Alaska for at least 12 months; andemployed by the State of Alaska for at least 12 months; and workedworked at least 1,250 hours over the past 12 months. at least 1,250 hours over the past 12 months.

For AFLA:For AFLA: employed by the State of Alaska for at least 35 hours/week for employed by the State of Alaska for at least 35 hours/week for

at least 6 consecutive months; or at least 17-1/2 hours/week at least 6 consecutive months; or at least 17-1/2 hours/week for at least 12 consecutive months.for at least 12 consecutive months.Note: When seasonal employees are on seasonal leave without pay this Note: When seasonal employees are on seasonal leave without pay this time does not count toward the AFLA employment threshold.time does not count toward the AFLA employment threshold.

The Division of Personnel & Labor Relations will make The Division of Personnel & Labor Relations will make the final determination of eligibilitythe final determination of eligibility

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Important DefinitionsImportant Definitions““Incapable of self careIncapable of self care” ” – when an individual requires active when an individual requires active

assistance or supervision in daily activities to appropriately care assistance or supervision in daily activities to appropriately care for their own hygiene, nutritional needs, and safety.for their own hygiene, nutritional needs, and safety.

““IncapacityIncapacity” ” – inability to work, attend school, or perform regular inability to work, attend school, or perform regular daily activities due to a serious health condition.daily activities due to a serious health condition.

““In loco parentisIn loco parentis” ” – those with the day-to-day responsibilities to those with the day-to-day responsibilities to care for and financially support a child or, who had such care for and financially support a child or, who had such responsibility for the employee when the employee was a child.responsibility for the employee when the employee was a child.

““Needed to care forNeeded to care for” ” – includes physical and/or psychological includes physical and/or psychological care when the family member is incapable of self care for care when the family member is incapable of self care for his/her own basic needs.his/her own basic needs.

““Physical or mental disabilityPhysical or mental disability” ” – a physical or mental impairment a physical or mental impairment that substantially limits one or more major life activities.that substantially limits one or more major life activities.

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Important MFL DefinitionsImportant MFL Definitions““Military member”Military member” – employee’s spouse, son, daughter, or parent employee’s spouse, son, daughter, or parent

who is currently active in the Armed Forces (including the who is currently active in the Armed Forces (including the National Guard and Reserves). National Guard and Reserves).

““Covered active duty” Covered active duty” – a deployment to a foreign country.– a deployment to a foreign country.

““Qualifying exigencies” Qualifying exigencies” – qualifying situations for which an – qualifying situations for which an employee may take leave when a military member (employee’s employee may take leave when a military member (employee’s family member) is called to or is on covered active duty (e.g. family member) is called to or is on covered active duty (e.g. short notice deployment, military events, childcare and school short notice deployment, military events, childcare and school activities, financial and legal arrangements, counseling, rest and activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, parental care, etc.)recuperation, post-deployment activities, parental care, etc.)

““Covered servicemember” Covered servicemember” – a member of the Armed Forces – a member of the Armed Forces (including the National Guard and Reserves) or a veteran who (including the National Guard and Reserves) or a veteran who was active in the Armed Forces within the last 5 years who was active in the Armed Forces within the last 5 years who sustained a serous injury or illness in the line of duty while on sustained a serous injury or illness in the line of duty while on active duty.active duty.Note: A covered servicemembers’ next of kin may be eligible to Note: A covered servicemembers’ next of kin may be eligible to take leave in certain circumstances. take leave in certain circumstances.

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Reasons for taking FMLA, AFLA or Reasons for taking FMLA, AFLA or MFLMFL

For a serious health condition that makes the employee unable to For a serious health condition that makes the employee unable to perform their job (FMLA/AFLA).perform their job (FMLA/AFLA).

To care for an employee’s eligible family member who has a To care for an employee’s eligible family member who has a serious health condition (FMLA/AFLA/MFL).serious health condition (FMLA/AFLA/MFL).

To care for an employee’s child after birth (FMLA/AFLA), To care for an employee’s child after birth (FMLA/AFLA), placement for adoption (FMLA/AFLA), or foster care (FMLA only). placement for adoption (FMLA/AFLA), or foster care (FMLA only).

Any qualifying exigency arising out of the fact that the spouse, son, Any qualifying exigency arising out of the fact that the spouse, son, daughter or parent of the employee is on covered active duty or daughter or parent of the employee is on covered active duty or has been notified of an impending call to active duty (MFL).has been notified of an impending call to active duty (MFL).

To care for a family member who is a military member or veteran To care for a family member who is a military member or veteran recovering from serious illness or injury sustained in the line of duty recovering from serious illness or injury sustained in the line of duty on active duty, or for the fatality of a military member (MFL).on active duty, or for the fatality of a military member (MFL).

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Page 9: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Who are Family Members?Who are Family Members? Spouse Spouse

- legally married as defined by Alaska Statutelegally married as defined by Alaska Statute Child Child

- biological, adopted, foster child, stepchild, or legal ward who biological, adopted, foster child, stepchild, or legal ward who is under the age of 18 or for an older child because of a is under the age of 18 or for an older child because of a physical or mental disability who is incapable of self care. physical or mental disability who is incapable of self care. (There is no age restriction under MFL).(There is no age restriction under MFL).

- FMLA/MFL - also includes placement of a child for foster FMLA/MFL - also includes placement of a child for foster care and a child of a person standing care and a child of a person standing “in loco parentis.”“in loco parentis.”

ParentParent- FMLA – biological or individual who stands or stood FMLA – biological or individual who stands or stood “in loco “in loco

parentis.”parentis.”- AFLA - biological, adoptive, parent-in-law or step-parent.AFLA - biological, adoptive, parent-in-law or step-parent.- MFL – military member who is the biological, adoptive, step MFL – military member who is the biological, adoptive, step

or foster father or mother or any other individual who stood or foster father or mother or any other individual who stood ‘in loco parentis” to the employee but does not include ‘in loco parentis” to the employee but does not include “parent-in-law.”“parent-in-law.”

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What is a Serious Health Condition?What is a Serious Health Condition?An injury, illness, impairment or physical or mental condition An injury, illness, impairment or physical or mental condition

that involves one of the following:that involves one of the following:

Hospital Care/Inpatient Care (requires an overnight stay in Hospital Care/Inpatient Care (requires an overnight stay in a medical facility).a medical facility).

Absence for 3 consecutive days and at least 2 doctor visits Absence for 3 consecutive days and at least 2 doctor visits within 30 days. within 30 days.

Pregnancy/Prenatal Care (including doctor’s visits, Pregnancy/Prenatal Care (including doctor’s visits, pregnancy complications, delivery and recovery).pregnancy complications, delivery and recovery).

Chronic conditions requiring at least 2 doctor visits Chronic conditions requiring at least 2 doctor visits annually.annually.

Permanent/Long-term conditions requiring medical Permanent/Long-term conditions requiring medical supervision.supervision.

Multiple Treatments (non-chronic conditions).Multiple Treatments (non-chronic conditions). Serious illness or injury sustained in the line of duty on Serious illness or injury sustained in the line of duty on

active duty (MFL only).active duty (MFL only).10

Page 11: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Determining a Serious Health ConditionDetermining a Serious Health Condition

May be qualifyingMay be qualifying appendicitisappendicitis emphysemaemphysema heart attackheart attack strokestroke cancercancer

Probably not qualifyingProbably not qualifying common coldcommon cold ear infectionear infection influenza (flu)influenza (flu) minor ulcersminor ulcers allergiesallergies

The Division of Personnel & Labor Relations will make the final determination if a serious health condition is

qualifying under FMLA, AFLA or MFL11

Page 12: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Determining a Serious Illness or Determining a Serious Illness or Injury of a Covered Injury of a Covered

Servicemember under MFLServicemember under MFL May be qualifying if medically unfit for duty, or including May be qualifying if medically unfit for duty, or including

situations where death is imminent.situations where death is imminent.

Probably not qualifying if injury(ies) does not result in Probably not qualifying if injury(ies) does not result in medically unfit designation. (May qualify under medically unfit designation. (May qualify under FMLA/AFLA.)FMLA/AFLA.)

The Division of Personnel & Labor Relations will make the final determination on the certification for serious injury or illness of a covered servicemember

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Page 13: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Review & CompareReview & Compare

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FMLA MFL AFLA Employment Thresholds (Eligibility)

Employed for 12 months, (need not be consecutive) and

Worked 1,250 hours over the past 12 months

Employed for 12 months (need not be consecutive), and

Worked 1,250 hours over the past 12 months

Employed 35 hours/week for 6 consecutive months, or 17 ½ hours/week for 12 consecutive months

Absence 12 weeks 12 weeks for any qualifying exigency

26 weeks to care for a military member’s or veteran’s serious illness or injury sustained in line of duty on active duty

18 weeks

Frequency Over a 12-month period Over a 12-month period Over a: 24-month period (medical) 12-month period (parental)

Medical Leave is taken for (Serious Health Condition)

Employee Family Member

Military member Veteran (active duty within

the last 5 years)

Employee Family Member

Military Family leave is taken for

Any qualifying exigency A covered

servicemember’s serious illness or injury

Reasons Employee takes Parental Leave

Pregnancy Childbirth Post-childbirth adoption Placement for adoption Foster Care

Pregnancy Childbirth Post-childbirth adoption Placement for adoption

Page 14: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

What does FMLA, AFLA or What does FMLA, AFLA or MFL Leave do for an MFL Leave do for an

Employee?Employee? Allows time off for family medical reasons.Allows time off for family medical reasons. Allows time off for parental leave reasons. Allows time off for parental leave reasons. Allows time off for military family leave reasons.Allows time off for military family leave reasons. Provides job protection during the absence.Provides job protection during the absence. Continues health care coverage during the Continues health care coverage during the

absence (FMLA and MFL only).absence (FMLA and MFL only). Protects employment benefits (i.e., position, Protects employment benefits (i.e., position,

status and job class) that accrued prior to the status and job class) that accrued prior to the absence.absence.

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Page 15: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

What is Expected of the Employee?What is Expected of the Employee? After an employee learns of a need for FMLA leave After an employee learns of a need for FMLA leave

fewer than 30 days in advance, they are required to fewer than 30 days in advance, they are required to give notice of their need either the same business day give notice of their need either the same business day or the next day, absent emergency situations. or the next day, absent emergency situations.

Provide a completed Certification of Health Care Provide a completed Certification of Health Care Provider form as requested.Provider form as requested.

Provide updates on the status of their condition as Provide updates on the status of their condition as requested.requested.

When a fitness for duty report is required, it must be When a fitness for duty report is required, it must be provided as requested prior to the employee returning provided as requested prior to the employee returning to work.to work.

Provide supporting documentation for military family Provide supporting documentation for military family leave use as requested.leave use as requested.

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Page 16: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Substitution of Paid LeaveSubstitution of Paid Leave Family leave is not a separate leave account. The State Family leave is not a separate leave account. The State

elects to substitute paid leave during periods of AFLA, FMLA elects to substitute paid leave during periods of AFLA, FMLA or MFL when available.or MFL when available.

Accrued personal or sick leave must be used first. Sick leave Accrued personal or sick leave must be used first. Sick leave defaults to annual leave.defaults to annual leave.

Donated, catastrophic, excess sick, etc. leave accounts may Donated, catastrophic, excess sick, etc. leave accounts may be used if allowed by contract/statute provisions.be used if allowed by contract/statute provisions.

After exhaustion of all leave the absence defaults to leave-After exhaustion of all leave the absence defaults to leave-without-pay.without-pay.

Five (5) days of annual/personal leave may be retained for Five (5) days of annual/personal leave may be retained for use upon return to work, if allowed by contract/statute use upon return to work, if allowed by contract/statute provisions.provisions.

Contact Payroll Services if you have questionsContact Payroll Services if you have questions16

Page 17: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

How to Complete a Leave SlipHow to Complete a Leave SlipCheck the “FMLA/AFLA” box when leave is taken for Check the “FMLA/AFLA” box when leave is taken for

FMLA, AFLA or MFL.FMLA, AFLA or MFL.

ALWAYS use a separate leave slip for FMLA/AFLA leaveALWAYS use a separate leave slip for FMLA/AFLA leave. .

STATE OF ALASKA LEAVE REQUEST/REPORT

DATE DATE

LEAVE AM LEAVE AM

BEGINS PM ENDS PMMONTH DAY MONTH

LEAVE TYPE - CHECK ONLY ONE

ANN/PERS MILITARY AUTH LWOP LV CASH-IN

SICK/PERS COURT DISC LWOP OTHER (Explain Below)

X FMLA/AFLA WKRS COMP UNAUTH LWOP

This form must be submitted within 24 hours after return to duty. BUS LV LABOR

EXPLANATION: LV DONATED TO REL APPRVD ________

EMPLOYEE SIGNATURENOTE: No leave with pay will be granted in excess of that accrued to employee's credit. Bargaining Unitrestricts Leave type availability. APPROVING OFFICER

WHITE: Div. of Personnel YELLOW: Employee PINK: Supervisor/Approving Officer Form 02-035 (03/09)

HOUR

BUS LV USEDBUS LEAVE

UNION APPVD

HOUR DAY

BU Employee IDDEPT NO

DATE

DATE

EMPLOYEE'S NAME (PRINT - LAST - FIRST - MIDDLE INITIAL)

Supervisor

ApprovalTotal Hrs.

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Page 18: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Certification of Health Care Provider (CHCP), Certification of Health Care Provider (CHCP), Certification for Serious Injury or Illness of Covered Certification for Serious Injury or Illness of Covered

Service Member (CCSM), and Certification of Service Member (CCSM), and Certification of Qualifying Exigency for Military Family Leave (CQE)Qualifying Exigency for Military Family Leave (CQE)

The State of Alaska requires a completed:The State of Alaska requires a completed:

CHCP form documenting the need for a potentially qualifying family leave CHCP form documenting the need for a potentially qualifying family leave absence for a serious health condition (FMLA & AFLA). A CHCP is usually not absence for a serious health condition (FMLA & AFLA). A CHCP is usually not needed for pregnancy except when a father takes leave for bonding with a needed for pregnancy except when a father takes leave for bonding with a newborn. newborn.

CCSM form documenting the qualifying medical absences under MFL. CCSM form documenting the qualifying medical absences under MFL.

CQE form documenting qualifying exigency leave under MFL.CQE form documenting qualifying exigency leave under MFL.

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Page 19: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Fitness for Duty ReportsFitness for Duty ReportsA fitness for duty report may be requested from an A fitness for duty report may be requested from an

employee:employee:

When the capacity or incapacity would not be apparent to a When the capacity or incapacity would not be apparent to a layperson such as mental, psychological or emotional layperson such as mental, psychological or emotional conditions that have incapacitated an employee.conditions that have incapacitated an employee.

When the relationship between the medical facts and the When the relationship between the medical facts and the demands of the position are not apparent such as back injuries demands of the position are not apparent such as back injuries for positions requiring lifting.for positions requiring lifting.

An employee’s position description may need to be provided to An employee’s position description may need to be provided to the health care provider when a fitness for duty report is the health care provider when a fitness for duty report is required.required.

Agency HR staff will determine if a fitness for duty report is Agency HR staff will determine if a fitness for duty report is required. If you, as the supervisor, believe a fitness for duty required. If you, as the supervisor, believe a fitness for duty

report is necessary, contact your agency HR staff.report is necessary, contact your agency HR staff.

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Page 20: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Light Duty AssignmentsLight Duty Assignments

Light duty assignments are temporary assignments to Light duty assignments are temporary assignments to alternate duties to accommodate an employee’s condition alternate duties to accommodate an employee’s condition or limitations. Light duty assignments are made with the or limitations. Light duty assignments are made with the sole discretion of the department.sole discretion of the department.

Light duty assignmentsLight duty assignments do not do not count against family leave count against family leave entitlements.entitlements.

Light duty assignments must be coordinated through Light duty assignments must be coordinated through agency HR staff.agency HR staff.

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Page 21: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Supervisor’s ResponsibilitiesSupervisor’s Responsibilities InquireInquire about the absence, be aware of qualifying about the absence, be aware of qualifying

conditions, and complete the appropriate conditional conditions, and complete the appropriate conditional notification forms.notification forms.- Is the absence for the employee or a family member?Is the absence for the employee or a family member?- Under what category does the condition appear to qualify?Under what category does the condition appear to qualify?

InvokeInvoke conditionally.conditionally.- Provide employee with the Family or Military Leave Packet.Provide employee with the Family or Military Leave Packet.- Provide notice to Payroll Services.Provide notice to Payroll Services.

InformInform Payroll Services of changes in the condition Payroll Services of changes in the condition and/or leave requested.and/or leave requested.

Remember to complete the employee’s timesheets and leave Remember to complete the employee’s timesheets and leave slips if they are unavailable. Clearly indicate “FMLA/AFLA” or slips if they are unavailable. Clearly indicate “FMLA/AFLA” or “MFL” on “MFL” on leave slips onlyleave slips only..

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Page 22: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Conditionally Invoke LeaveConditionally Invoke Leave

Complete the appropriate Conditional Notification form.Complete the appropriate Conditional Notification form.- Send (fax/scan/mail) a copy of the notice to Payroll Services.Send (fax/scan/mail) a copy of the notice to Payroll Services.- Provide the employee with the Conditional Notification form and Provide the employee with the Conditional Notification form and

appropriate AFLA/FMLA or MFL Packet.appropriate AFLA/FMLA or MFL Packet.

Tell the employee AFLA/FMLA or MFL leave is Tell the employee AFLA/FMLA or MFL leave is conditionally invoked pending Payroll Services analysis of conditionally invoked pending Payroll Services analysis of employment eligibility threshold and receipt of the employment eligibility threshold and receipt of the completed certification forms. When required, the completed certification forms. When required, the employee must submit the completed CHCP to Payroll employee must submit the completed CHCP to Payroll Services within 15 days. Services within 15 days.

Direct contact by the supervisor with the employee’s health Direct contact by the supervisor with the employee’s health care provider is care provider is notnot permitted permitted

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Page 23: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

FMLA/AFLA Leave PacketFMLA/AFLA Leave Packet Conditional Family Leave NotificationConditional Family Leave Notification

((completed by Supervisor or Designeecompleted by Supervisor or Designee))

- distribute to Payroll Services & employeedistribute to Payroll Services & employee

Your Rights and Responsibilities Under FMLA & AFLA Your Rights and Responsibilities Under FMLA & AFLA ((employee informationemployee information))

Certification of Health Care Provider form and Certification of Health Care Provider form and information sheetinformation sheet((employee provides to health care provideremployee provides to health care provider))

The Family Leave Packet can be found on the Division of Personnel & Labor Relations

HR Forms web page23

Page 24: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

MFL Packet for Serious Illness or MFL Packet for Serious Illness or Injury of a Covered ServicememberInjury of a Covered Servicemember Conditional Family Leave NotificationConditional Family Leave Notification

((completed by Supervisor or Designeecompleted by Supervisor or Designee))- distribute to Payroll Services & employeedistribute to Payroll Services & employee

Your Rights and Responsibilities Under FMLA Your Rights and Responsibilities Under FMLA ((employee informationemployee information))

Certification for Serious Injury or Illness of Covered Certification for Serious Injury or Illness of Covered Service Member (CCSM)Service Member (CCSM)((employee or covered servicemember provides to the health employee or covered servicemember provides to the health care providercare provider))

This Military Family Leave Packet can be found on the Division of Personnel & Labor Relations HR Forms web

page

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MFL Packet for Qualifying MFL Packet for Qualifying ExigencyExigency

Conditional Family Leave NotificationConditional Family Leave Notification((completed by Supervisor or Designeecompleted by Supervisor or Designee))- distribute to Payroll Services & employeedistribute to Payroll Services & employee

Your Rights and Responsibilities Under FMLA Your Rights and Responsibilities Under FMLA ((employee informationemployee information))

Certification of Qualifying Exigency for Military Certification of Qualifying Exigency for Military Family Leave (CQE) Family Leave (CQE) ((employee providesemployee provides))

This Military Family Leave Packet can be found on the Division of Personnel & Labor Relations HR Forms

web page

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Communication is the KeyCommunication is the KeyNotify Payroll Services if there are:Notify Payroll Services if there are:

- changes in the condition and/or expected absences, orchanges in the condition and/or expected absences, or- other issues/concerns in conjunction with AFLA/FMLA or MFL.other issues/concerns in conjunction with AFLA/FMLA or MFL.

(e.g. tracking, notification letters, entitlement periods, etc.)(e.g. tracking, notification letters, entitlement periods, etc.)

Contact Agency HR staff if:Contact Agency HR staff if:- you believe a fitness for duty report is required, oryou believe a fitness for duty report is required, or- a light duty assignment is being considereda light duty assignment is being considered- other complications/concerns in conjunction with AFLA/FMLA or other complications/concerns in conjunction with AFLA/FMLA or

MFL. MFL.

Payroll Services informs the Supervisor:Payroll Services informs the Supervisor:- if an employee qualifies for AFLA/FMLA or MFL, if an employee qualifies for AFLA/FMLA or MFL, - of expected absences and the duration, and of expected absences and the duration, and - when entitlements will expire/exhaust.when entitlements will expire/exhaust.

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Communication is the Key (cont.)Communication is the Key (cont.)

Payroll Services informs the Employee:Payroll Services informs the Employee:- whether a condition qualifies for AFLA/FMLA or MFL, whether a condition qualifies for AFLA/FMLA or MFL, - if the employment threshold was met, andif the employment threshold was met, and- when entitlements will expire/exhaust. when entitlements will expire/exhaust.

Payroll Services informs Agency HR staff:Payroll Services informs Agency HR staff:- when entitlements are denied, and when entitlements are denied, and - when entitlements will exhaust.when entitlements will exhaust.

Contact Payroll Services if you have questions or concernsContact Payroll Services if you have questions or concerns

Page 28: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

Record KeepingRecord Keeping

AFLA/FMLA or MFL paperwork is filed in an AFLA/FMLA or MFL paperwork is filed in an employee’s official medical file which is kept at employee’s official medical file which is kept at the Payroll Services office. the Payroll Services office.

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Payroll Services’ ResponsibilitiesPayroll Services’ Responsibilities

Make a final determination and officially Make a final determination and officially invoke/deny AFLA/FMLA or MFL based on invoke/deny AFLA/FMLA or MFL based on the information provided.the information provided.

Provide written notice of the determination to Provide written notice of the determination to the employee with a copy to the supervisor.the employee with a copy to the supervisor.

Track employee’s AFLA/FMLA or MFL leave Track employee’s AFLA/FMLA or MFL leave usage.usage.

Inform the employee, with a copy to the Inform the employee, with a copy to the supervisor and agency HR staff, when an supervisor and agency HR staff, when an entitlement(s) will exhaust.entitlement(s) will exhaust.

Provide assistance to supervisors.Provide assistance to supervisors.

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Agency HR Staff’s ResponsibilitiesAgency HR Staff’s Responsibilities

Assist supervisors when unique situations or Assist supervisors when unique situations or questions arise pertaining to family leave.questions arise pertaining to family leave.

Assist supervisors when fitness for duty Assist supervisors when fitness for duty reports are necessary or when light duty work reports are necessary or when light duty work is being considered.is being considered.

Work with supervisors when family leave Work with supervisors when family leave entitlements are exhausting to determine entitlements are exhausting to determine what course of action should be taken. what course of action should be taken. (e.g. Does American with Disabilities Act (ADA) apply to this (e.g. Does American with Disabilities Act (ADA) apply to this situation, etc.)situation, etc.)

Page 31: Family & Medical Leave, Alaska Family Leave &  Military Family Leave

ResourcesResources Family & Medical Leave Act - Family & Medical Leave Act - 29 CFR 82529 CFR 825 Alaska Family Leave Act - Alaska Family Leave Act - AS 39.20.500 – 39.20.550AS 39.20.500 – 39.20.550 Alaska Administrative Manual - Alaska Administrative Manual - AAM 280.360 – 280.460AAM 280.360 – 280.460 Family Leave FAQs Family Leave FAQs Payroll Services StaffPayroll Services Staff Agency Human Resource StaffAgency Human Resource Staff

Go to: Go to: http://doa.alaska.gov/dop/Payroll/ and click on and click on ““Family LeaveFamily Leave” under Payroll Quick Links ” under Payroll Quick Links

HR…Solutions for Success 31