7N - Family Medical Leave Act.pdf

Valley Community Services Board

Personnel Policies & Procedures Policy: Leave and Time Management, 7N

Subject: Family Medical Leave Act Original Date:

Revision Dates: Last Review Date:

2/1/1998 1/18/2005, 11/18/2009, 7/20/2011, 10/17/2012, 12/4/2013, 4/22/2015, 9/28/2016

9/28/2016

1. Effective Date of Law: Effective August 5, 1993, Federal P.L. 103-3 requires that employers of 50 or more employees comply with the requirements of this act.

2. Eligibility for Family Medical Leave:

a. Employee must have worked for VCSB for a minimum of one year AND,

b. Have worked at least 1250 hours during the 12 month period immediately preceding the start of the leave. The 1250 hours must be hours worked, and does not include leave time.

3. FMLA provides for: A total of 12 weeks of paid or unpaid leave during a 12 month period due to:

a. The birth of a child;

b. The adoption of a child or the placement of a foster child;

c. The serious health condition of an employee's child, spouse or parent, or “loco parentis” as defined by the Department of Labor;

d. The employee's own serious health condition makes the employee unable to perform essential job functions.

e. Any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a member on covered active duty or call to covered active duty status.

4. FMLA provides for: A total of up to 26 weeks of paid or unpaid leave during a 12 month period as indicated below.

a. Caregiver provisions cover employees that are the parent, spouse, son or daughter or closest living relative of a service member. This includes, but is not limited to, the National Guard or Reserves––who, due to serious injury or illness incurred in the line of duty, cannot perform their service member duties because they are:

i. Receiving or recovering from medical treatment;

ii. Receiving therapy;

iii. In outpatient treatment; or

iv. Considered “temporarily disability retired.”

b. Qualifying employees are eligible for up to 26 weeks of leave during a single 12-month period to care for a covered service member. Caregiver leave is defined on a per-service member/per-injury basis. The 12-month period starts on the first day of caregiver leave.

5. Definitions:

a. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves either:

i. Inpatient care in a hospital, hospice, or residential medical care facility; or

ii. Continuing treatment by a health care provider, meaning:

1. A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment thereof, or recovery from) of more than three consecutive calendar days (and any subsequent treatment or period of incapacity involving the same condition) involving treatment two or more times by a health care provider or treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the health care provider’s supervision.

iii. Any period of incapacity due to pregnancy or prenatal care

iv. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition that requires periodic visits for treatment by a health care provider; continues over an extended period of time: and may cause episodic rather than continuing incapacity (e.g., asthma, diabetes, epilepsy, etc.

v. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g. Alzheimer’s, severe stroke, terminal stages of a disease).

vi. Any period of absence to receive multiple treatments by a health care provider either for restorative surgery after an accident or injury or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment (e.g.., chemotherapy for cancer, physical therapy for severe arthritis, or dialysis for kidney disease).

b. 12 month period: For purposes of this act, the definition of a 12 month period begins for each employee on the first day of FMLA taken, and ends in 365 days.

c. “loco parentis”: An employee who assumes the role of a parent and accepts the parental responsibility, regardless of gender, legal or biological relationships. This includes a “loco parentis” of the employee as well.

6. Medical Certification:

a. When leave is for the employee’s own serious health condition, or to care for employee's seriously ill child, spouse, or parent, the employee must provide medical certification from the health care provider of the employee or ill family member to support the FMLA request. The employee must provide the certification within 15 days of the employee’s leave request or the leave may be delayed or denied. The Human Resources Department will provide a certification form.

b. VCSB has the right, at their expense, to obtain second medical opinions as to the validity of the medical condition presented. Employees will be required to furnish to VCSB reports on status, intent to return and recertification of the serious health condition at no greater than 30 days intervals.

c. Before returning to work, an employee who has taken leave due to his/her own illness or injury must provide a fitness-for-duty certification from a health care provider.

Failure to do so may cause a delay in reinstatement.

7. Notification responsibilities:

a. Advanced notification: When an employee is aware of a pending leave they are to provide their supervisor and the Human Resources Office a written notice at least 30 days prior to the proposed leave. If advanced notice is not possible due to circumstances beyond the employee’s control, notice should be given as soon as practicable. Contact the Human Resources Office for the application form.

b. The employee is to notify their supervisor and Human Resources when absent from work due to a FMLA qualifying event or a potential qualifying event (refer to #4 definition of serious Health condition).

c. The Human Resources Office will send a preliminary designation letter to the employee informing them that their leave may qualify them for FMLA protection.

d. Employee is to provide within 15 days sufficient information to allow VCSB to make a determination as to whether the employee qualifies for the FMLA.

8. Designation of Leave: (paid or unpaid) as qualifying for FMLA is the responsibility of VCSB as the employer. As such, VCSB must give appropriate notices to the employee.

9. Leave Scheduling:

a. FMLA leave may be taken intermittently (including leave of less than one day) when medically necessary to care for employee or employee's child, spouse or parent.

b. VCSB may require employees taking intermittent leave to temporarily transfer to another job with equivalent pay and benefits that is less disruptive of operations.

c. Leave for the birth and care, or placement and care of a child must conclude within 12 months of the birth or placement of the child. FMLA applies equally to male and female employees. When both parents are employed by VCSB, the total allowed FMLA combined weeks is 12.

d. FMLA Request: Employees should contact the Human Resources department to request FMLA leave. The Human Resources department will provide the required information and forms, including the medical certification form, to the employee.

10. Leave and Benefits:

a. When an employee is on FMLA due to his/her serious health condition, they may be eligible to receive Short Term Disability benefits. Refer to the Short Term Disability policies, the Paid Time Off policy and the Sick Leave policy for guidance on use of paid leave while on FMLA leave. The employee may request to retain 40 hours of Paid Time Off for future use. When the employee has exhausted all leave (except for the allowed 40 hours of Paid Time Off) they will receive unpaid leave for the remaining time left in the 12 weeks. During unpaid FMLA leave, benefits will be handled as outlined in the Leave Without Pay (LWOP) policy.

b. Members of the VRS Hybrid Retirement Plan needing FMLA leave for their own serious health condition may be entitled to additional benefits under the short term disability plan for Hybrid Plan members. See associated plan policy. The employee should contact the Human Resources office for additional information

c. If the employee fails to return to work from FMLA leave for a minimum of 60 days, VCSB will recover from the employee the employee and employer portions of the health insurance premiums paid during the FMLA period, unless the employee cannot return because of:

i. The onset, continuation or recurrence of a serious health condition; or,

ii. Circumstances beyond the employee's control, as described in the FMLA.

11. Upon completion of FMLA, an employee will return to his/her original position or to a position with equivalent pay and benefits. FMLA will not change an employee's review date.

12. RESTRICTED USE OF FAMILY AND MEDICAL LEAVE

a. Family and medical leave act may not be used for short-term conditions for which treatment and recovery are brief, such as minor illnesses and out-patient surgical procedures with expected brief recuperating periods. It does not provide for the intermittent care of a family member for such commonplace illnesses as colds and flu.