FMLAFMLAFamily and Medical Leave Act Family and Medical Leave Act

of 1993of 1993

What Is FMLA?What Is FMLA?

FMLA is twelve (12) weeks of job FMLA is twelve (12) weeks of job protected leave during a twelve protected leave during a twelve month rolling period for any of the month rolling period for any of the following conditions:following conditions:

FMLA Qualifying ConditionsFMLA Qualifying Conditions

The birth of a child and/or to care for the The birth of a child and/or to care for the childchild

Placement of a child through adoption or Placement of a child through adoption or foster carefoster care

The care of an employee’s spouse, child, The care of an employee’s spouse, child, or parent who has a serious health or parent who has a serious health conditioncondition

The employee’s own serious health The employee’s own serious health condition which prevents the employee condition which prevents the employee from performing their essential dutiesfrom performing their essential duties

Requirements for Use of FMLARequirements for Use of FMLA

The employee must provide thirty (30) days The employee must provide thirty (30) days advance notice when the leave is advance notice when the leave is “forseeable”, unless it is medically “forseeable”, unless it is medically impossible or impractical to provide such impossible or impractical to provide such noticenotice

The employee must provide medical The employee must provide medical certification for all FMLA requests due to a certification for all FMLA requests due to a serious health condition of the employee or serious health condition of the employee or a covered family membera covered family member

This medical certification must be returned This medical certification must be returned to Human Resources within 15 calendar to Human Resources within 15 calendar days of notice to use leavedays of notice to use leave

FMLA Leave UsageFMLA Leave Usage

LCTCS Board of Supervisors requires LCTCS Board of Supervisors requires that employees use available paid that employees use available paid leave prior to using FMLA leave leave prior to using FMLA leave without paywithout pay

Paid leave time, as well as any Paid leave time, as well as any unpaid leave used for any qualifying unpaid leave used for any qualifying condition, will count toward the condition, will count toward the twelve weeks of FMLA leavetwelve weeks of FMLA leave

Intermittent FMLAIntermittent FMLA

Intermittent leave is also allowed Intermittent leave is also allowed under FMLA, with the same under FMLA, with the same requirements for medical requirements for medical certification and leave usagecertification and leave usage

FMLA Requirements – FMLA Requirements – Appointing AuthorityAppointing Authority

The appointing authority and/or their The appointing authority and/or their designated representatives may declare designated representatives may declare any leave taken after 3 days of absence for any leave taken after 3 days of absence for a serious health condition where the a serious health condition where the employee has been under the care of a employee has been under the care of a healthcare provider to be FMLA leavehealthcare provider to be FMLA leave

Any employee who has been on FMLA leave Any employee who has been on FMLA leave and/or absent from work due to illness for 5 and/or absent from work due to illness for 5 or more consecutive days, MUST present a or more consecutive days, MUST present a “Physician’s Release to Return to Work” “Physician’s Release to Return to Work” prior to being allowed to resume their job prior to being allowed to resume their job dutiesduties

Insurance Premium PaymentsInsurance Premium Payments

Employees who have their health coverage Employees who have their health coverage with the state and are on FMLA leave with the state and are on FMLA leave without pay will have the employer portion without pay will have the employer portion of their premium paid by the agency. of their premium paid by the agency.

It is the employee’s responsibility to work It is the employee’s responsibility to work with human resources to arrange for with human resources to arrange for payment of the employee portion of health payment of the employee portion of health care premiums, and any other benefit care premiums, and any other benefit premiums for which continued coverage is premiums for which continued coverage is desired.desired.

Amendment to FMLAAmendment to FMLAArmed Forces PersonnelArmed Forces Personnel

(Effective 1/30/2008)(Effective 1/30/2008) The Family and Medical Leave Act will now permit The Family and Medical Leave Act will now permit

a “spouse, son, daughter, parent or next of kin” a “spouse, son, daughter, parent or next of kin” to take up to 26 workweeks of leave to care for a to take up to 26 workweeks of leave to care for a member of the Armed Forces who is undergoing member of the Armed Forces who is undergoing medical treatment, recuperation or therapy, or is medical treatment, recuperation or therapy, or is otherwise in outpatient status or on temporary otherwise in outpatient status or on temporary disability retirement for a serious injury or illnessdisability retirement for a serious injury or illness

When an employee’s spouse, son, daughter or When an employee’s spouse, son, daughter or parent has been notified of a call to active duty, parent has been notified of a call to active duty, and because of the family member’s call to duty and because of the family member’s call to duty the employee is needed to care for family the employee is needed to care for family members, or to attend to the needs of the members, or to attend to the needs of the military member that cannot be addressed due to military member that cannot be addressed due to the military member’s absence, FMLA leave is the military member’s absence, FMLA leave is also permitted for up to 12 weeks also permitted for up to 12 weeks

Returning from FMLAReturning from FMLA

Employees returning from FMLA must Employees returning from FMLA must be returned to their former position, be returned to their former position, or an equivalent position with or an equivalent position with equivalent benefits.equivalent benefits.

QuestionsQuestions

If you have any questions regarding If you have any questions regarding the Family and Medical Leave Act or the Family and Medical Leave Act or LCTCS leave policies, please contact LCTCS leave policies, please contact your Human Resources your Human Resources representatives.representatives.